Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VI, R. 17---Amendment of execution petition---Applicability of O.VI, R.17, C.P.C.---Scope---Provisions of O.VI, R.17, C.P.C. were not applicable to the execution petition---Amendments should be made for the purpose of determining the real questions in controversy between the parties---No controversy was in existence between the parties---Execution proceedings would start on culmination of controversies between the parties on pronouncement of judicial order---Contents of execution petition were not pleadings as applicant could not write anything in the application from his own sweet will nor could plead anything even if it was left undetermined by the court in the ---Execution petition was a pro forma and it had to be filled by the applicant in accordance with the statement of decree which in itself was a "formal expression of adjudication"---Neither execution petition could be treated as "pleadings" nor courts were empowered to amend the contents of the same during the process of achieving the satisfaction of a decree---Execution petition on amendment would not continue to be in conformity with the decree on court file---Authority of Executing Court was limited---Such court could not go beyond the decree---Order on an amended execution application would amount to going beyond the decree---Executing Court had no authority to amend an execution application and pass orders on such amended execution petition and ignore the decree---Power of court in terms of provisions of O.VI, R.17, C.P.C. was not available to the Executing Court---Application for amendment in execution application was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. VI, R.1---"Pleadings"---Meaning---"Pleadings" would mean plaint or written statement. (c) Civil Procedure Code (V of 1908)--- ----O. XX, R. 6 & S. 2 (2)---Decree, contents of---Scope---Decree was formal expression of an adjudication which conclusively determined the rights of parties with regard to all or any of the matters in controversy in the suit---Contents of decree were compulsorily required to "agree with the ". Shaiq Usmani for Decree-holder Saifuddin…

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