Objection application in the absence of execution petition
Is execution petition pre-requisite for maintainability of
objection petition?
Sr. Case Title Principle
no.
1. Mr. Rashid Anwar, Section 47 as noted above empowers the
executing court to determine questions
V relating to execution, discharge and
Dr. Farogh Naseem1 satisfaction of decree. It bars a separate
suit where question is within the scope of
this section that a court is barred from
considering such objections unless the
judgment debtor makes compliance of Rule
23-A by depositing the decretal amount in
court of furnishes security for its payment.
The plea of the judgment debtors, in
substance is an objection which is within
the scope of section 47 CPC as it relates
to the question of execution, discharge and
satisfaction of a decree which can only be
considered when the judgment debtors
deposit the decretal amount in court or
furnish security for its payment as provided
in Rule 23-A of Order 21 CPC.
2. P 1993 P 197 Two conditions which must be satisfied in
order that section 47 be applicable are
1. The question should have arisen
between the parties to the suit in
which the decree was passed or their
representatives.
2. The question should relate to the
execution, discharge, or satisfaction
of the decree.
In my opinion the execution petition is not pre-requisite if
the objection relates to the discharge or the satisfaction
of the decree. No judgment provided that objection
1
https://caselaw.shc.gov.pk/caselaw/view-file/NzMxOGNmbXMtZGM4Mw==
application cannot be filed in absence of execution
petition.
