Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 47---Suit relating to execution of decree---Maintainability---All questions arising between parties to the suit in which decree was passed, should be determined by the Court executing the decree and not by a separate suit as suit relating to execution of a decree would not be maintainable. PLD 1965 Pesh. 108; PLD 1986 Lah. 912 and AIR 1930 PC 86 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 47---Execution of decree---Executing Court, subject to any objection as to limitation and jurisdiction, could treat proceedings under S:47, C.P.C. as a suit or a suit as proceedings and could if necessary, order payment of any additional court-fee. ORDER This suit has been filed by the plaintiff for declaration, injunction and cancellation. The plaintiff has prayed that a declaration may be given to the effect that there is no sum due and payable to the defendant No.1 and the decree, dated 14-12-1998 has been satisfied. He has also prayed that the defendant No.2 may be restrained from recovering US $ 44,000 under the Guarantee No.692/0525 which was given for US $ 237,550. Briefly the facts of the case are that a dispute had arisen between the plaintiff and defendant No.1 for the supply of tin plates and the matter was referred to arbitration when a bank guarantee was given by the plaintiff in the sum of Rs.40,92,245. The award was filed in this Court for making a rule of the Court. The objections to the award were fixed for hearing before my learned brother Rasheed Ahmed Razvi, J., who after hearing both the sides decreed the matter on 14-12-1998 for Rs.40,92,245 with interest at 12% . In compliance of the said decree the plaintiff by their letter, dated 14-1-1999 remitted the sum of Rs.40,92,245 plus interest of Rs.34,680 calculated at 12% from 14-12-1998 to 8-1-1999. After making the said payment the plaintiff demanded from the defendants the return/discharge of the bank guarantee in spite of repeated reminders. The defendant No.1 who are in possession of the original bank guarantee are demanding now an amount of US $ 44,000 as mark-up. According to the plaintiff since the entire amount has been paid up including the…

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