Law: Civil Procedure Code (V of 1908)

Section: 47

Civil Procedure Code (V of 1908)--- ----S.47---Execution of decree---Local commission, appointment of---Determination of rate of gold---Executing Court appointed Local Commission to determine value of gold on the day when money decree was passed, so that recovery could be made according to the value of gold on that day---Validity---Decretal amount was not denominated in gold or in foreign currency but Trial Court passed and decree in terms of arbitration award which provided a mechanism for calculation of compensation for delay of more than two decades in payment of decretal amount to respondent-decree holder---Sooner the appellant- debtor had paid in accordance with arbitration award, the lesser it would have had to pay---Instead of accepting award with grace, appellant- debtor decided to raise objections which did not find favour with Trial Court and High Court dismissed time barred revision petition filed by appellant- debtor against and decree of Trial Court whereby objections to award were spurned and it was made Rule of Court---Period during which appellant- debtor embroiled respondent-decree holder in litigation in an endeavor to set aside the award, value of gold steadily increased---Executing Court rightly held that payment of decretal amount already paid by appellant- debtor to respondent-decree holder did not satisfy the decree--- Appellant- debtor would only have itself to blame for unsavory consequences in which it found itself---High Court maintained order passed by Executing Court as there was no infirmity in appointing Local Commission---Appeal was dismissed, in circumstances. 2019 CLC 497; Muhammad Lal v. Abdul Quddus PLD 1975 Quetta 29; Azad Government of the State of Jammu and Kashmir v. Muhammad Aslam Khan 1990 MLD 2333; Mirza Khan v. Ajaib Sultan 2014 MLD 1547; Topanmal Chhotamal v. Messrs Kundomal Gangaram AIR 1960 SC 388; Terni S.P.A. v. PECO (Pakistan Engineering Company) Ltd. 1992 SCMR 2238; Hwana and Regala Warehouses Ltd. [1960] 2 All ER 332 and Miliangos v. George Frank (Textiles) Ltd. [1975] 3 All ER 801 ref. JUDGMENT MIANGUL HASSAN AURANGZEB, J.---- Through the instant appeal, the appellant, Overseas Pakistanis Foundation, impugns…

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