Pakistan Case Law
2004 CLD 472

Messrs CONOCO INDUSTRIES (PVT.) LTD. and 3 others vs UNITED BANK

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Citation2004 CLD 472
CourtLahore High Court
Case No.Writ Petition No,580 of 2001 Petition No,580 of 2001 E.F.A. No,47 of 2001 E.F.A.
Date2002-11-13
Judge(s)Mian Hamid Farooq and Parvaiz Ahmad
Authored byParvaiz Ahmad
ResultAppeal dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter came before the Lahore High Court in the form of Execution First Appeal No. 47 of 2001, involving Messrs Conoco Industries (Pvt.) Ltd. and three others as appellants against the United Bank as respondent. The core legal question pertained to the enforcement and execution of decrees or orders in banking or civil litigation context. Upon examining the record and proceedings, the court delivered its decision dismissing the Execution First Appeal. The holding establishes that the appellant's challenge in the execution proceedings lacked merit, thereby upholding the underlying decree or process. The key principle laid down is that execution appeals failing to substantiate material irregularities or legal infirmities in the execution process are liable to be dismissed without any order as to costs.

Questions settled in this judgment
  • Whether an execution first appeal against a decree or order is maintainable when it lacks substantial grounds?
  • Can an appellate court dismiss an execution first appeal with no order as to costs?
Execution First AppealExecution of DecreeCivil ProcedureBanking Litigation

ORDER

1. OF THE COURT ' E.F.A. No,47 of 2001 is dismissed, with no order as to costs.

Cited by 9 cases

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