Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Sections 13 & 44-A---Judgment of foreign court---Procedure---Plaintiff, after obtaining a foreign , could either file an application to the District Court for the execution of said decree, if the country from which the decree had been passed was any reciprocating treaty or he could file suit in Pakistan on the basis of foreign . Habib Bank Limited v. Bahjani Scrap Trading Company LLC and 2 others PLD 2011 Kar. 257 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 13---Foreign ---Question of correctness---Scope---Courts in Pakistan could not question the correctness of the foreign subject to the exceptions as enumerated in S.13, C.P.C. and if the said exceptions, were fulfilled, the was conclusive between the parties. (c) Civil Procedure Code (V of 1908)--- ----S. 13---Foreign ---Validity---Defendant admitted the passing of foreign in his written statement as well as in his statement recorded as witness---Such was not challenged through appeal nor any objection was raised under any of the exceptions provided by law---Foreign would become conclusive and irrefutable in circumstances---Appeal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, CHIEF JUSTICE:---.--- This regular first appeal has been filed against the judgment and decree dated 18.2.2015 passed by learned Civil Judge-VI, Swabi, whereby suit of the respondent-plaintiff, namely, Ali Muhammad, for recovery of 101250/- UAE dirham along with 6% mark up was decreed against the appellant- defendant. 2. Facts of the case are that respondent-plaintiff, Ali Muhammad, filed a suit for recovery of 101250/- UAE Dirham or equivalent Pakistani currency along with 15 % mark up against Wali Khan, the appellant-defendant. It was averred in the plaint that earlier he had filed a suit No. 72 in the year, 2008, for recovery of the same amount of UAE Dirham against the appellant in Dubai Court, which was decreed on 19.10.2008 but the defendant-appellant after the decree decamped from Dubai and the decretal amount is still outstanding against him and, as such, prayed for the recovery of said amount. 3. The suit of the respondent-plaintiff was…

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