Law: Civil Procedure Code (V of 1908)

Section: S.151,O.XLI,R.8

Civil Procedure Code (V of 1908)--- ----S. 151 & O. XLI, R. 8---Decretal amount, release of--- Deposit of security---Decree-holder in a money decree filed application for release of decretal amount prior to decision of appeal---Validity---Deposited decretal amount to a decree holder, pending adjudication of appeal was permissible to be released subject to an arrangement being secured by appropriate security--- High Court directed the office to release decretal amount to decree holder subject to submission of Bank guarantee securing quantum released---Application was allowed accordingly. Messrs Bundial Bus Service v. Mst. Sanjeeda Afzal and others 1975 SCMR 203; Ch. Altaf Hussain and others v. Mirza Azam Beg 1983 SCMR 643; Chairman, Centrally Administered Tribunal Area (CATA) Development Corporation, Peshawar and another v. Malikzada Muhammad Akbar and 4 others 1984 SCMR 181 and Haji Banaris Khan and others v. Central Government through Secretary, Defence and Military Estate Officer and another 1986 SCMR 1805 ref. THIS JUDGMENT DELIVERED BY: AGHA FAISAL, J.---- Through this order we seek to determine an application, being C.M.A. No. 717/2018, preferred on behalf of respondent wherein it has been prayed that the partial decretal amount deposited in Court by the appellant may be ordered to be released to the respondent upon furnishing of requisite security. 2. Ms. Naheed Naz, learned counsel for the respondent, submitted that a suit being Suit No. 23 of 1993 ("Suit") was filed by the respondent against the appellants and the same was decided in favour of the respondent vide judgment dated 01.06.2016. 3. The aforesaid judgment was assailed by the appellant in the present appeal and a pay-order for Rs. 6,337,455/- was deposited before the Nazir of this Court on 18.01.2018 in order to secure the decretal amount ("Deposit"). A copy of said pay-order along with a copy of order dated 24.01.2018, passed in Execution No.80/2016, recording the receipt of the Deposit was filed herein by the appellant, along with statement dated 16.02.2018. 4. The respondent, vide the application under consideration, sought the release of the Deposit thereto inter alia on the ground of…

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