Law:

Section:

(a) Civil Procedure Code (V of 1908)--O. XXI, R. 23-A & S. 44-A---Constitution of Pakistan (1973), Art. 185(3)---Execution of decree passed by a foreign Court---Leave to appeal .was granted to examine whether O. XXI, R. 23-A, C.P.C. was applicable to the execution of a decree passed by a foreign Court in terms of S. 44-A, C.P.C. (b) Civil Procedure Code (V of 1908)--- ----S. 13---Analysis of S. 13, C.'P.C. (c) Civil Procedure Code (V of 1908)--- ----S. 44-A---Analysis of S. 44-A, C.P.C. (d) Civil Procedure Code (V of 1908)--- ----O. XXI, R. 23-A---Analysis of O. XXI, R. 23-A, C.P.C. (e) Civil Procedure Code (V of 1908)--- ----Ss. 13, 44-A & O. XXI, R. 23-A---Execution of decree passed by a foreign Court---Contest by -debtor---Essentials---Foreign /decree can be assailed on any of the grounds mentioned in Ss.13(a) to 13(f), C.P.C.--­Provisions of S. 44-A(3), C.P.C. imposes an obligation on the District Court executing J foreign decree to refuse the execution of the same if it is shown to its satisfaction that the decree falls within any of the exceptions specified in S. 13(a) to (f), C.P.C. A foreign /decree can be assailed on any of the grounds mentioned in clauses (a) to (1) of section 13, C.P.C., whereas subsection (3) of section 44-A, C.P.C. imposes an obligation on the District Court executing a foreign decree to refuse the execution of the same if it is shown to its satisfaction that the decree falls within any of the exceptions specified in the above clauses (a) to (f) of section 13: The object of deeming provision in subsection (1) of section 44-A, C.P.C. seems to be to facilitate execution of a foreign decree in Pakistan by assuming by virtue of fiction of law as if it had been passed by the District Court in Pakistan, instead of compelling the foreign decree-holder to file a suit on a foreign which was the position obtaining in India prior to -the incorporation of above section 44-A in 1937. However, this deeming provision contained in subsection (1) bf the above section 44-A is to be read in conjunction with subsection (3) thereof in order to harmonise the above two provisions of the same section. Since subsection (3) of section 44-A requires…

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