Case Details

Citation(s)
2002 SLG 1890 2002 SLD 1890 2002 CLC 904
Peshawar High Court
F.A.B. No.73 of 1996, decision dated: 31st October, 2001, hearing DATE : 24-05-2001
MIAN SHAKIRULLAH, JAN AND EJAZ AFZAL KHAN, JJ
Samiullah Jan for Appellant. Saleh-ud-Din Khan, Dy.A.G.II and Hidayatullah Khan for
Respondents

Messrs NOWSHERA BRICKS AND TILES (PVT.) LIMITED. and others

VS

REGIONAL DEVELOPMENT FINANCE CORPORATION

Law:

Section:

Civil Procedure Code (V of 1908)-------S. 47 & O. XXI, R.23-A---Execution proceedings---Decretal amount---Objection---Security for decretal amount, non-furnishing of--­Judgment-debtor during execution of decree objected to the decretal amount and sought the same to be reduced---Executing Court directed the -debtor to furnish security in accordance with O.XXI, R.23-A, C.P.C.---Judgment-debtor did not furnish the security resultantly the objection was dismissed by the Executing Court---Validity---Objection petition was filed under S.47, C.P.C. which empowered the Executing Court to adjudicate upon the matters relating to execution, discharge or satisfaction of the decree and the Court could not go behind the same--­Where the decretal amount had been challenged through the objection petition, the same under the law was not maintainable--­Executing Court, in the present case had rightly dismissed the objection petition for not furnishing security in accordance with O.XXI, R.23-A, C.P.C.---High Court declined to interfere with the order passed by the Executing Court---Appeal was dismissed in circumstances. Muhammad Ali and others v. Ghularm Sarwar and others 1989 SCMR 640 ref. JUDGMENT MIAN SHAKIRULLAH JAN. J.--- During the execution proceedings, after passim: of the decree for recovery of an amount of Rs.80,48,554, the appellant/judgment-debtor has filed an objection petition on the ground that the decree-holder/respondent has obtained the aforesaid decree to which it was not legally entitled. A prayer was made for reduction of the decretal amount and also a further request for the payment of the outstanding amounts through easy instalments has been made. The learned Executing Court directed the appellant/judgment­debtor to furnish security for the payment of the decretal amount as required under Order XXI, rule 23-A, C.P.C. but the appellant failed to comply with the said order and resultantly his objection petition was dismissed through the impugned…
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