Law: Civil Procedure Code (V of 1908)

Section: 44-A

Civil Procedure Code, 1908 (V of 1908)-- ----S. 44-A--Application for enforcement of order passed by central Family Court U.K.--Dismissal of application--Issuance of freezing order--Freezing order was confirmed by foreign Court--Conclusive --Challenge to--Foreign Court had held that said freezing order shall remain in force and effect until Respondent No. 1’s compliance with direction to pay said amount to appellant--Till date direction issued to Respondent No. 1 by foreign Court in final order dated 06.07.2018 has not been complied with by Respondent No. 1--Appellant was not seeking to enforce final order with respect to any property beyond territorial jurisdiction of District Court at Islamabad--Appellant rightly filed said application before District Court at Islamabad--Binding character of may be displaced only by establishing that case falls within one or more of six clauses of Section 13, C.P.C. and not otherwise--Whether a of a foreign Court is conclusive, Courts in Pakistan will not inquire whether conclusions recorded by a foreign Court are supported by evidence or are otherwise correct--It was wholly unlawful for Court below to have dismissed appellant’s application under passed by Central Family Court in United Kingdom on ground that earlier appellant had filed an application for execution of an interim freezing order passed by said foreign Court before District Court at Rawalpindi--The enforcement of freezing order, which had been made an integral part of final order, was sought only to secure Respondent No. 1’s assets in Islamabad against which final order could be enforced--Appeal allowed. Civil Procedure Code, 1908 (V of 1908)-- ----S. 13--Foreign --Except for six circumstances mentioned therein, a foreign shall be conclusive as to any matter thereby directly adjudicated upon between same parties or between parties under whom they or any of them claim litigating under same title.[P. 36] D JUDGMENT Through the instant appeal, the appellant, Mst. Abida Zakir, impugns the judgment dated 04.01.2021 passed by the Court of the learned Additional District Judge, Islamabad, whereby the appellant’s application filed under Section 44-A of the Code of Civil…

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