Case Details

Citation(s)
1992 SLG 969 1992 SLD 969 1992 CLC 1699
Sindh High Court
Execution NeA3 of 1986, Civil Miscellaneous Applications Nos. 167 and 168 of 1991, decided on 28th April, 1991
SALAHUDDIN MIRZA, J
Karam Ali for the Decree-holder. Akhtar Mehmood for the Judgment-debtors

HANIFA BEGUM and others

VS

MUHAMMAD OAMARUZZAMAN through Legal HerisJudgment Debtor

Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Ss. 11 & 47---Execution of decree---Objection to ---Res judicata---Principle of---Objections to execution of decree presently raised by -debtors through their applications exactly were same which were earlier raised by them and were dismissed---Present applications and objections were not maintainable and were liable to be dismissed on principle of res judicata. (b) Civil Procedure Code (V of 1908)--- ----S. 47---Execution of decree---Objection to---Judgment-debtors were permitted to defend suit on furnishing security for decretal amount, but they failed to furnish same---Judgment-debtors in their objection applications had contended that property attached in execution of decree which was very valuable according to valuation certificate obtained from Architect should be considered as good security---Treating attached property as security was always a risky business if two decrees of heavy amount were already under execution against -debtors, while another one was also pending execution--­Property attached in execution was already mortgaged with a Bank---Offer of -debtors that property should be considered as good security, in circumstances was meaningless and hollow---In absence of security, objections of debtors, could not be entertained. M/s. Bank of Oman Limited v. M/s. East Trading Company Limited PLD 1987 Kar. 404; Irshad H. Khan v. Mrs. Perveen Aijaz PLD 1987 Kar. 466; Haji Subhan v. Madhore AIR 1962 SC 1230; P.R. Rajoo v. Ramnama and others, AIR 1952 Mad. 540 and N.K. Kalota v. R.N. Rao AIR 1962 Madh. Pra. 318 ref. ORDER This order shall dispose of C.M.A. No. 167/91, C.M.A. No. 168/91 and objections under section 47, C.P.C. filed by the Judgment-Debtor. 2. Property No-55, Block-3/7 and 8 a Darul Aman Cooperative Housing Society, Karachi, belonging to the judgment-debtors is under attachment and in the process of being sold in satisfaction of the decree. 1n C.M.A. No.167/91 the contention raised by the Judgment-Debtors is that the Decree-Holder was allowed 14%n interest on the decretal amount from the date of the filing of the suit (6-4-1981) till the date of realisation of the decretal amount but the…
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