Law: Civil Procedure Code (V of 1908)

Section: 151,152,Order37,Rule3

Law: Banking Companies (Recovery of Loans), Ordinance (XIX of 1979)

Section: 8(2)

(a) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)--- ----S. 8(2)---Civil Procedure Code (V of 1908), Ss. 151 & 152---Correction of and decree of High Court in First Appeal, whereby decree of Trial Court was affirmed---Dispute between parties arose during course of execution of decree regarding entitlement of plaintiff to recover interest subsequent to the filing of suit---Original and Appellate decrees showed that Courts had accepted claim of plaintiff in the suit as a whole which included recovery of future interest which was a mandatory requirement---Decree in question, also showed that the use of the expression instead of " was an accidental error especially when same was read along with the word " A " appearing in the ---Application for correction of and decree of High Court in First Appeal was accepted whereby plaintiff was entitled to recover interest subsequent to the filing of suit till the recovery of amount decreed by Court. (b) Civil Procedure Code (V of 1908)--- ----Ss. 151 & 152---Correction of decree and ---Application for correction of decree whether to be filed in Trial Court which passed the original decree or before Appellate Court which affirmed such decree--­Appeal before High Court was decided on merits; original decree merged into appellate decree which alone remained in field---Application for correction of decree was, thus, competently filed before High Court. Province of East Pakistan v. Muhammad Hossain Mai PLD 1965 SC 1; F.A. Khan v. The Government of Pakistan PLD 1964 SC 520 and Maulvi Abdul Qayyum v. Syed Ali Asghar Shah and 5 others 1992 SCMR 241 rel. (c) Civil Procedure Code (V of 1908)--- ----Ss. 151 & 152---Limitation Act (IX of 1908), S. 3---Correction of decree--­Bar of jurisdiction---Act or omission of Court should prejudice no one---Error which was clerical in nature having been committed by the Court while passing decree, no question of limitation would arise for rectification of such error. JUDGMENT MALIK MUHAMMAD QAYYUM, J.--This judgment shall dispose of C.M. 5204-C of 1990 filed by Habib Bank Limited, the applicant, under sections 152 and 151 of the Code of Civil Procedure, 1908, for…

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