Law: Code Of Civil Procedure, 1908.

Section: 51, Ο. ΧΧΙ, O. XXXVII

Civil Procedure Code, 1908 (V of 1908)-- ----S. 51, Ο. ΧΧΙ, O. XXXVII--Summary suit--Execution of decree--Money decree--CNIC blocking--Powers of Executing Court--Discretion--Jurisdiction--Essential Rights Improper Exercise of Power--No implied powers--No jurisdiction vested in executing Court to order blocking of CNIC of any person as a step in or towards execution of a decree--Section 51 of CPC set out various modes for execution of a decree--It could not be stretched to point where order made in execution lost all contact with statutory provision--In case at hand decree was simply a money decree on a summary chapter suit--We were not at all satisfied that such a decree would require or make permissible execution by blocking CNIC of judgment debtor by resort to S. 51(e)--While a robust approach should certainly be taken to ensure execution it could not be so muscular ... as essentially deprives judgment debtor of an essential aspect of living--CNIC was not a luxury or a mere statutory requirement--In these times it had become essential to being able to carry on a normal way of life in ordinary course--In our view, to curtail a judgment debtor from this was not proper exercise of discretion or any statutory powers--Very fact that Peshawar High Court felt impelled to include such an express power in CPC showed that absent such a provision no such power could be implied into discretion of executing Court or regarded as otherwise available to it in any general provision relating to execution of a decree--Appeal allowed.                                         [Pp. 299 & 300] A, B & C Mr. Ahmer Bilal Soofi, ASC for Petitioner/Applicant. Nemo for Respondent No. 1. Mr. Kafeel Ahmed Abbasi, Addl. A.G. (via video-link, Karachi) for Sindh. Mr. Munawar Iqbal Duggal, Addl. A.G.P for Federation. Date of hearing: 18.2.2026. Order Munib Akhtar, J.--Respondent No. 1 has been served and service is held good. Neither he nor anyone on his behalf has…