Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 38---Decree drawn by the Court is executable and not the /finding---Executing Court cannot go behind the decree--­Executing Court must take the decree as it stands and cannot make any alteration or modification therein---In case of reversal, modification or alteration of the decree by the Court of last instance; the decree is to be executed accordingly. Syed Riaz Ahmad Shah and another v. Dayal Singh College Trust Society and another 1972 SCMR 237; Muhammad Ali v. Ghulam Sarwar and others 1989 SCMR 640; Mst. Naseem Akhtar and 4 others v. Shalimar General Insurance Company Limited and 2 others 1994 SCMR 22; Sardar Ahmad Yar Khan Jogezai and 2 others v. Province of Balochistan through Secretary, C & W Department 2002 SCMR 122; Ghulam Muhammad v. Sultan Mahinud and others PLD 1963 SC 265; Topanmal Chhotamal v. M/s Kundomal Gangaram and others AIR 1960 SC 388 and. Sunder Das v. Ram Parkash AIR 1977 SC 1201 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 47---Execution of decree---Cost of damages not included in decree---Executing Court inserting costs of damages---Executing Court; at the time of execution of decree, included cost of damages also in the decree on the ground that the suit was decreed as it was prayed for--­Objection raised by the -debtor was that the decree did not include cost of damages---Objection was dismissed by Executing Court as well as by Appellate Court---Validity---Decree as it stood was to be executed by Executing Court and nothing could be added nor imported into it on the basis of any assumption that the suit was decreed as prayed for---Sanctity of decree passed in a suit remained intact till such time it was corrected altered or modified by the Court in accordance with law-­-Executing Court was bound to execute the decree as it was and nothing beyond that---There was no decree about the claim for damages and the Executing Court was obliged to execute the decree by deducting only the amount of earnest money/advance money and the balance sale consideration had to be paid by the decree holder---Orders passed by both the Courts below were in excess of their jurisdiction and were…

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