| Case ID |
1f7e3359-5d5c-4bd2-8afe-64d2cfca34da |
| Body |
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| Case Number |
FAO No. 133-P of 2022 with CM 152-P of 2024 |
| Decision Date |
Mar 08, 2024 |
| Hearing Date |
Mar 08, 2024 |
| Decision |
The appeal filed by the appellants was dismissed as the objection petition was ill-conceived. The court found that the required deposit of the decretal amount had not been made prior to filing the objection petition, rendering it untenable. Furthermore, the issue of jurisdiction raised by the appellant had already been decided against them in previous proceedings, precluding them from raising it again. The original decree was upheld as valid and the executing court was not in a position to question its validity in execution proceedings. The dismissal of the appeal was confirmed, and the court emphasized the need for compliance with procedural requirements in the execution of decrees. |
| Summary |
In the case of FAO No. 133-P of 2022, the Peshawar High Court addressed the appeal by the NATIONAL BANK OF PAKISTAN against the dismissal of an objection petition regarding the execution of a decree made in favor of M/s. PREMIER SUGAR MILLS AND DISTILLERY COMPANY MARDAN. The court found that the objection petition was not maintainable due to the lack of a required deposit of the decretal amount and reiterated that previously decided issues of jurisdiction cannot be re-agitated in execution proceedings. This case highlights the importance of compliance with procedural requirements in civil litigation and the challenges faced by appellants when previous rulings establish the validity of decrees. The decision reinforces the legal principles surrounding the execution of civil judgments and the necessity for parties to adhere to established court procedures to ensure their claims are heard and adjudicated effectively. This case is relevant for legal practitioners dealing with civil procedure, especially regarding execution matters and the implications of previous judgments on current proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN,
Muslim Commercial Bank Limited,
M/s. PREMIER SUGAR MILLS AND DISTILLERY COMPANY MARDAN,
Mehran Bank Limited
|
| Judges |
Wiqar Ahmad, J.
|
| Lawyers |
Mr. Kashif Zaman Advocate,
Mehmooda Gul, Litigation Officer,
M/s. Issac Ali Qazi,
Maqsood Ali,
Khushnuma
|
| Petitioners |
NATIONAL BANK OF PAKISTAN and others
|
| Respondents |
M/s. PREMIER SUGAR MILLS AND DISTILLERY COMPANY MARDAN
|
| Citations |
2024 SLD 4591,
2024 PLJ 94
|
| Other Citations |
2014 SCMR 1481
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
23-A
|