Law:

Section:

(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)------Ss. 15 & 18---Execution of decree---Decree also awarded to decree-holder benefit of S.15 of Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997---Judgment-debtor applied for return of security documents after paying decretal amount with costs---Executing Court through an interim order refused to give benefit of S.15 of the Act as same was not attracted to such case, and finally directed decree-holder to return documents to -debtor---Validity--Any error or illegality in such decree could not be termed so as to render same nullity or void or inexecutable in eye of Law---Executing Court could not go behind decree and nullify same, which had attained finality for having not been challenged in appeal---No appeal was allowed under special law against such interim order, which decree-holder could challenge in appeal against final order affecting its rights---High Court accepted appeal, set aside impugned order with directions to Executing Court to determine liability of -debtor in terms of such decree and after payment of amount so determined, -debtor would be entitled to return of security documents. Fakir Abdullah and others v. Government of Sindh through Secretary to Government of Sindh, Revenue Department and others PLD 2001 SC 131 ref. (b) Civil Procedure Code (V of 1908)--- ---S. 51 & O.XXI, Rr.10, 17---Execution of decree---Jurisdiction of Executing Court---Scope---Executing Court could refuse to execute decree, which was void, nullity, inexecutable or passed without Jurisdiction. JUDGMENT MIAN SAQIB NISAR, J. The respondent was the employee of Habib Bank Limited and had obtained some house building loan from the said bank. He on retirement from Habib Bank Limited was employed by the appellant Bank, and according to the case of the appellant, the liability of the loan, outstanding against the respondent with Habib Bank Limited was taken over by the appellant, with the result that Habib Bank Limited was paid off, and the respondent was obliged to repay the said amount, through certainly monthly instalments; to secure the loan the…

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