64/2013 Execution NATIONAL BANK OF PAKISTAN & OTHERS (Decree Holder) V/S SULTAN ALI AKHANI (Judgment Debtor)

64/2013 Execution NATIONAL BANK OF PAKISTAN & OTHERS (Decree Holder) V/S SULTAN ALI AKHANI (Judgment Debtor) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 05-MAR-15

"Civil Procedure Code (V of 1908) --- ----S. 47 & O. XXI, R. 23-A---Arbitration Act (X of 1940), S. 14---Application for making award as rule of court---Consent decree---Execution petition---Objections---Contention of decree holders was that objections to execution petition could not be considered unless judgment debtor had deposited the decretal amount or furnished security in lieu thereof---Validity---Validity of decree could only be challenged before the Executing Court if the same was void or had been passed by the court having no jurisdiction---Provisions of O.XXI, R.23-A, C.P.C. were mandatory and objections to the execution by a judgment debtor could not be considered unless judgment debtor had deposited the decretal amount or furnished security in lieu thereof---Executing Court could not go beyond the decree---Judgment debtor could not escape from his obligation under the decree---Requirement of notice and hearing were duly complied with at the time of trial---Executing Court could not be burdened with re-trial---Compromise decree was in fact a contract, breach of which might give rise to fresh cause of action to decree holder---Decree was neither void nor it had been passed by a Court having no jurisdiction---Objections to execution application taken by the judgment debtor were over-ruled, in circumstances."