MUHAMMAD SHAKIR vs Dr. AMANULLAH and another
This regular first appeal challenged an order passed by the Additional District Judge-VI, D.I. Khan, which accepted an objection petition filed by a third party regarding the execution of a decree. The appellant had obtained an ex parte decree for the recovery of money and sought to auction a house belonging to the judgment debtor. A third party (respondent No. 2) filed an objection petition claiming ownership of the attached house based on an unregistered sale deed, noting that a separate civil suit regarding the property's title was pending before another court. The core legal question was whether the Executing Court acted correctly in accepting the objection petition and halting execution proceedings while the title dispute was pending. The Court held that the Executing Court correctly allowed the objection petition, as the genuineness of the unregistered sale deed must be determined through evidence in the pending civil suit. The principle laid down is that an Executing Court must provide an opportunity for parties to present evidence on objection petitions to ensure the principle of natural justice, specifically that no one should be condemned unheard.
- Can an Executing Court proceed with the auction of property when a third-party objection petition regarding title is pending?
- Is it necessary for an Executing Court to allow the presentation of evidence regarding an objection petition before proceeding with execution?
- Does the pendency of a separate civil suit regarding the title of an attached property justify the suspension of execution proceedings?
- Order XXXVII, Code of Civil Procedure 1908
' SHAH JEHAN KHAN AKHUNDZADA, J.---This regular first appeal has been directed against the judgment and order dated 13-4-2012 passed by the learned Additional District Judge-VI D.I. Khan, whereby the objection petition of Muhammad Ibrahim, respondent No,2, was accepted.
2. Briefly stated facts of the case leading towards the disposal of the instant appeal are that on 5- 5-2010, the appellant, namely, Muhammad Shakir, filed a suit for the recokery of Rs,5,00,000 against Doctor Amanullah, respondent No,1 under Order XXXVII, C.P.C. Which was decreed ex parte vide judgment and decree dated 12-11-2010. Thereafter, the appellant filed an execution petition, but the judgment debtor did not appear and thus his House No,C-1912 was attached by the learned Executing Court for a period of six months vide his order dated 29-7-2011. After passage of the aforesaid period of six months, the decree-holder/appellant again submitted an application for restoration of the execution petition and vide order dated 16-3-2012, the learned Additional District Judge-VI D.I.Khan sent the matter to the learned Senior Civil Judge D.I.Khan for carrying out the auction proceedings of the house already attached, but during its pendency, Muhammad Ibrahim, respondent No,2, filed an objection petition on the ground that he had purchased the said house through an unregistered deed and in this regard his suit is pending before the learned Civil Judge- V D.I.Khan. The appellant filed reply to the objection petition, but ultimately, it was accepted through the order which is now under challenge in this appeal.
3. Arguments heard and record perused.
4. Record shows that since a civil suit with regard to the house in question is pending adjudication before the court of learned Civil Judge-V D.I.Khan, where the genuineness or otherwise of the said unregistered sale-deed would be thrashed out after producing pro and contra evidence, and after appreciating the evidence so produced by the parties in respect of the authenticity of the above said deed, the concerned trial Court will draw correct and just conclusion regarding it. Moreover, the Executing Court has rightly asked for pro and contra evidence in respect of the objection petition, because no one should be condemned unheard.
5. In these circumstances, I find no substance in this appeal and thus the same is hereby dismissed with costs.
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- Mst. Kaneez Kanwal alias Kaneez Zafar vs Mst. Shehnaz Bibi 2014 C.L.R. 419
- Mst. KANEEZ KANWAL alias KANEEZ ZAFAR vs Mst. SHEHNAZ BIBI 2015 YLR 1443