Law: Civil Procedure Code (V of 1908)

Section: 51,141,151,XXIX,1,2

Law: National Database and Registration Authority Ordinance, 2000

Section: VIII,18

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

Section: XLVI

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Preamble---Civil Procedure Code (V of 1908), Ss.51, 141, 151 & O.XXIX, Rr.1 & 2---National Database and Registration Authority Ordinance (VIII of 2000), S.18---Execution proceedings---Order blocking CNIC of a judgment debtor in satisfaction of a decree, recalling of---Blocking of CNIC in such circumstances--Permissibility---Decree holder providing wrong address of the judgment debtor--Effect---Brief facts of the matter were that the Bank sought execution of a consent decree arising from a settlement agreement under which two sets of agreed amounts were to be satisfied through acquisition and sale of specified properties---The first portion of Rs.426,171,375/- was satisfied through acquisition of four properties, whereas the second portion of approximately Rs.120 million remained partly unsatisfied due to other executions and pending proceedings regarding one property---During execution, the Court issued a direction for blocking the CNICs of judgment debtors Nos.3 and 4---Judgment debtor No.4 later filed applications seeking recalling of that order---Held: A clear discrepancy appeared in the address of the judgment debtor and such position clearly supported his contention that due to his wrong address in the execution application he was never served in the present proceedings and therefore he did not have any knowledge about the instant execution application---The maxim Nullus commodum capere potest de injuria sua propria provided that, no one can benefit from their own wrong ---Such address was provided by the decree holder, for which the judgment debtor No.4 should not be punished---Attending to the next aspect of the matter and in order to justify the blocking of CNIC of judgement debtors, decree holder relied upon O. XXI, R. 77 of the Civil Procedure Code [C.P.C.] [KPK Amendment], which provided for blocking of National Identity Card of judgment debtors---It was to be noted after the 18th Constitutional Amendment, C.P.C. had become a Provincial subject, whereas no such provision was available in the C.P.C. as enforceable in the Province of Sindh---Hence, reliance on such a…