Law:

Section:

(a) Civil Procedure Code (V of 1908)--O.XXI, R.1, OXX, Rr.11, 16, 17 & 19, Ss.34, 34-A, 34-B & 35 & Appendix D, Item 2---Courts in Pakistan can grant a for "so much in foreign currency" or the "Pakistani currency equivalent thereof'---Provisions of Civil Procedure Code, 1908 refer to the plaintiffs money claim in language which is open and can admit reference to a foreign currency. Even if the words "the sum of US dollars or the Pak rupees equivalent thereof' were substituted for the words "the sum of Rs .... in the decree-sheet, the said decree would not create any hitch in its execution, for the Bailiff would be able to execute the same in terms of the equivalent amount in Pak rupees, assuming the -debtor was not in a position to pay it foreign currency for any valid or other reason. Whilst the form of decree which is prepared under the Civil Procedure Code, used the word "Rs." at two places, one for the principal sum and the other for the costs, the relevant provisions of the Code dealing with money suits, such as the main claim, the interest payable, the costs of the suit, payment of decretal amount in instalments, the decree in suits for accounts, decree when set-off is claimed, or the mode of paying money under a decree, do not contain the word "Rs.", but the words "claim of the plaintiff', "money payable", "amount of money due", etc., are referred. (See sections 34, 34-A & B and 35, Order XX, rules 11, 16, 17 and 19 and Order XXI, rule 1 of the Code). In section 35-A, C.P.C., however, the word "Rs." appears, but it is in respect of compensatory costs. Basically, therefore, the main provisions of the Code refer to the plaintiffs money claim in language which is open and can admit reference to a foreign currency. However, if a decree is passed for "US dollars or the Pak rupees equivalent thereof', it would cover the requirements of the Code fully, for which there need not to be any objection. In any case, an encroachment of the law of procedure upon substantive rights cannot be justified from the view-point of justice, convenience or logic. Justice demands that the creditor should not suffer from fluctuations in the value of the Pakistani…

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