Law: Civil Procedure Code (V of 1908)

Section: 37,38,39,47,VII,11

(a)    Civil Procedure Code (V of 1908)-------Ss.37, 38, 39 & 47---Execution application---Precept---Scope---Decree attaining finality---Effect---Judgment-debtor (a power distribution company) filed application to transfer the execution proceedings to the city/court where their head office was situated---Validity---No appeal had been preferred, not even till date, against the judgment and decree against the applicant (judgment-debtor); thus, the same (decree) hadd attained finality---Substantial justice is to be done between the litigants---Once a decree attains finality, then, statutory right and interest accrue in favour of decree-holder, which cannot be strangulated on the basis of procedural law, status of which is that of stepping stone and not a stumbling block---Therefore, application filed by judgment debtor, was not tenable; consequently, the same was dismissed---Decretal amount, already attached was ordered to be paid to the decree holder forthwith---Execution application, filed by decree-holder, was granted.Dino Manekji Chinoy and 8 others v. Muhammad Matin PLD 1983 SC 69 ref.(b)    Civil Procedure Code (V of 1908)-------Ss.37, 38, 39 & 47---Execution proceedings---Precept---Decretal amount, depositing of---Effect---Judgment-debtor (a power distribution company) filed application to transfer of execution proceedings to the city/court where their head office was situated---Validity---Record (including Nazir's Report) revealed that decretal amount had been attached---Since the order attaching the said amount had also attained finality, therefore, there should be no impediment in allowing the present execution application---Therefore, application filed by judgment debtor, was not tenable; consequently, the same was dismissed---Decretal amount, already attached, was ordered to be paid to the decree holder forthwith---Execution application, filed by decree-holder, was granted.(c)    Civil Procedure Code (V of 1908)-------Ss. 37, 38, 39 & 47 & O.VII. R. 11---Jurisdiction of Court already determined--Scope---Judgment-debtor (a power distribution company) filed application to…