Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 22(6) & 19---Execution of decree---Application of debtor before Executing Court contending that Executing Court needed to initiate an investigation as to whether the decree was correctly passed or not---Said application was dismissed---Contention of debtor was that the Executing Court had power to vary alter and amend decree, therefore the said dismissal of application could be impugned by filing appeal under S.22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 and there was no need to file appeal against the and decree---Held, that Executing Court for the purpose of execution of decree could assume all powers of a decretal court but that did not mean that the said court could add, alter or nullify the very decree---Question as to whether a decree had been obtained by fraud was not a question arising out of execution, or discharge of satisfaction of a decree, as it affected the very validity of the decree and the Executing Court could not go beyond the decree---Executing Court could not go behind the decree however it could determine an objection with regard to the executability of the decree and it has to take as granted that a valid decree existed---Judgment debtor could only assail the decree before the appropriate Appellate Court---Appeal, being not maintainable, was dismissed in circumstances. ORDER The appellants have filed an appeal under section 22 of Financial Institutions (Recovery of Finances) XLVI of 2001 wherein he has challenged the order dated 15-9-2012 passed by the Judge Banking Court-I, Sukkur. The order dated 15-9-2012 reads as under; "Advocate for the parties are present. Heard arguments. Mr. Shamim Ahmed learned Counsel for J.D has mainly argued that great injustice is being caused to the J.D. as he had paid the entire amount and the first suit was dismissed whereafter the D.H. Bank has preferred appeal and as a result thereof suit proceeded afresh which resulted ex parte judgment whereas this Ex. Application is the result of that ex parte judgment he has further contended that the executing Court has to make investigation to see for…

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