اگر اجرا عدم پیروی خارج ہو جائے تو عدالت اسے بحال کر سکتی ہے

 2023 CLC 1811

Whether the learned Executing Court is invested with the powers to restore an execution petition, which was dismissed for non-prosecution?
when an execution petition is dismissed for non-prosecution, the Executing Court can restore the same in exercise of its inherent powers vested in it under Section 151 CPC as the said provision is an enabling provision and cater for an ostensible impossible situation where no express provision of law is attracted and since there is no prohibition for exercising such jurisdiction, thus mere absence of provision does not curtail or abridge the jurisdiction of a court from passing an order so as to advance and meet the ends of justice.


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