Law: Civil Procedure Code (V of 1908)

Section: 47,2(2)

Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 17,19

Civil Procedure Code (V of 1908)--- ----Ss. 47 & 2(2)---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) Ss. 17 & 19---Execution of decree of Banking Court---Jurisdiction of Executing Court---Claims by liquidators and employees of a -debtor company---Scope---Appellant impugned order of Executing Court, which whilst executing decree of Banking Court, allowed applications seeking payment of liquidators fee and claims of the Employee's Oldage Benefit Institution (EOBI) contribution of -debtor's employees; from the decree-holder Bank---Question before High Court was whether the Executing Court while executing a decree of Banking Court, could go beyond the scope of such decree---Held, that after a decree had been drawn up, the same had to be executed and such decree was separate and distinct from the ---Decree was an expression of conclusively determining matters placed before a Trial Court for adjudication---Even if a and decree were pursuant to an agreement, but terms thereof were not mentioned in the decree, though recorded in the , then such terms could not be read in the decree as having been granted---Executing Court could not extend its jurisdiction to go behind the decree and question its correctness---Exceptions to said rule only existed when a decree was silent regarding as to what property was subject matter of execution or if an execution of the decree was nullity in the eye of law, or the same had been passed by the Court having no jurisdiction or, if execution of such decree would not infringe the legal rights of a decree holder if it was refused to be executed---Applications upon which impugned orders were passed were therefore neither competent nor had any nexus with the execution of the decree and such orders were set aside---Appeal was allowed, accordingly. Ghulam Muhammad v. Sultan Mahmud and others PLD 1963 SC 265; Mst. Ashraf Bibi v. Barkat Ali PLD 1956 Lah. 27; Syed Riaz Ahmad Shah and another v. Dayal Singh College Trust Society and another 1972 SCMR 237; Muhammad Ali and others v. Ghulam Sarwar and others 1989 SCMR 640; Mst. Naseem Akhtar and 4 others v. Shalimar General Insurance Company Ltd. and 2 others 1994…

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