Law:

Section:

(a) Civil Procedure Code (V of 1908)--------S.47---Decree not challenged in appeal---Objection regarding validity of decree raised before Executing Court---Not open to Executing Court to go behind decree. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss.19 & 22--Appeal against order of Executing Court---Plea raised before High Court not raised by appellant before Executing Court---High Court dismissed appeal in circumstances. JUDGMENT JAWWAD S. KHAWAJA, J.---The appellant Mirza Munawar Baig impugns the order dated 12-3-2003 passed by the learned Banking Court, Lahore in proceedings initiated by the respondent-Bank seeking execution of a decree dated 6-10-1996. Since the impugned. order sets out, in brief, the background of the case, the same is reproduced as under:-- "The decree passed way back on 6-10-1996 is still begging its satisfaction. Mirza Munawar Beg-Judgment-debtor, has come up with the application under section 47 read with section 151, C.P.C. that the decree cannot be executed in view of well-known Ruling of the Lahore High Court rendered in Messrs Chenab Cement Product's case reported in PLD 1996 Lahore 672. The judgment-debtors had jointly filed the Writ Petition No.22823 of 1996 taking up the plea that the impugned judgment and decree dated 6-10-1996 be set aside as ultra vires of the Constitution. This petition was dismissed on 5-6-2000. Admittedly, the judgment- debtors had not preferred any appeal against the impugned judgment and decree which, therefore, has attained finality and this Court .had no option but to execute it. The application is dismissed and I proceed with the execution proceedings. The decree-holder shall submit List of Assets and valuation report on 26-3-2003." 2. Before us, learned counsel for the appellant argued that the judgment and decree dated 6-10-1996 was void ab initio because the same was passed against a dead person, namely, Mst. Munazza Jabeen, the wife of the appellant. He added that the said decree did not require to be set aside and was un--executable. To support his contention, learned counsel for the appellant relied on the cases titled Mehr Muhammad v. Dy. Settlement…

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