MUHAMMAD SHARIF vs JALALUDDIN — 1971 SCMR 594

Citation: 1971 SCMR 594

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-08-25

Parties: MUHAMMAD SHARIF vs JALALUDDIN

Headnotes

Case cited as 1971 SCMR 594

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD SHARIF vs JALALUDDIN Case No.: Civil Petitions for Special Leave to Appeal Nos. K-94 to K-97 of 1971 Date of Judgment:1971-08-25 Reported As: 1971 SCMR 594 Result: Leave refused Judgment ORDER WAHEEDUDDIN AHMAD, J.-This order will dispose of Civil Petitions Nos. K-94, K-95, K-96 and K-97 of 1971, in which common questions of facts and law, are involved. In 1964, the respondent applied to the Chairman of Union Committee No. 3 at Shahdadpur under section 4 of the Conciliation Courts Ordinance, 1961 and claimed decrees for various amounts in the above-mentioned matters. The Chairman did not notice that the claim of the respondent was barred by time and proceeded to constitute a Conciliation Court. The Conciliation Court passed decrees of various amounts against the petitioner. The respondent applied to the Court of Civil Judge at Shahdadpur in Execution Applications Nos. 19, 18, 20 and 17 of 1964 respectively for the execution of the decrees obtained against the petitioner. The petitioner contested the said execution applications, amongst others, on the ground that the claim before the Conciliation Court being barred by time and it had no jurisdiction to execute the decrees. The learned Civil Judge, Shahdadpur, dismissed the execution applications holding that the decrees being for a patently time-barred claims were nullities and were not executable. Respondent challenged…

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