| Case ID |
233fba19-e01b-42b9-bd57-0de8eb269ed9 |
| Body |
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| Case Number |
Order No.85 of 1994 |
| Decision Date |
Dec 13, 1994 |
| Hearing Date |
|
| Decision |
The appeal is allowed with no order as to costs. The trial Court is directed to appoint an expert to work out the actual amount due from the judgment-debtor to the decree-holder. The costs of the expert shall be paid equally by the two parties. |
| Summary |
In the landmark case of Pakistan Engineering Company Ltd versus M/s. Terni, S.P.A. Italy, heard at the Lahore High Court, the appellant challenged the trial court's decision regarding the calculation of the decretal amount in execution proceedings. The case centers around the refusal to appoint an expert commission to accurately determine the amount due between the judgment-debtor and the decree-holder. Initially, the Supreme Court's decree allowed for interest at 12% on the amount of Rs.7,40,828.45, which was later modified to U.S. $1,55,574.34 with the same interest rate, payable until actual payment at an exchange rate of Rs.10 per U.S. Dollar. The judgment-debtor made partial payments in 1992, leading to a dispute over the remaining balance. The trial court directed the appointment of an expert, which was subsequently rejected, prompting the appellant to file an appeal under Section 104 of the Civil Procedure Code. The appellant's contention was that no appeal is permissible against the refusal to appoint a commission under Order XXVI, Rule 10, which the respondent contested. However, the Lahore High Court overruled this objection, citing that the order falls under Section 47 of the CPC, allowing for an appeal under Section 104. The court emphasized the complexity arising from partial payments and the necessity of expert calculation to ensure accurate interest computation. Consequently, the appeal was allowed, and the trial court was ordered to appoint a qualified expert, with the associated costs to be shared equally by both parties. This case underscores the critical role of precise financial calculations in legal proceedings and the importance of appellate review in ensuring fair judicial outcomes. Key terms such as 'Lahore High Court,' 'Civil Procedure Code,' 'decretal amount,' 'expert appointment,' and 'execution proceedings' are central to understanding the case's legal and financial implications. This decision reinforces the judiciary's commitment to meticulous financial assessment in resolving complex execution disputes, highlighting the interplay between statutory provisions and judicial discretion in appellate courts. |
| Court |
Lahore High Court
|
| Entities Involved |
PAKISTAN ENGINEERING COMPANY LTD,
M/s. TERNI, S.P.A. ITALLY
|
| Judges |
KARAMAT NAZIR BHANDARI, J
|
| Lawyers |
Muhammad Yousaf Kazmi,
Abdul Hayee Mansoor Ahmad,
Yousif Kazmi
|
| Petitioners |
PAKISTAN ENGINEERING COMPANY LTD
|
| Respondents |
M/s. TERNI, S.P.A. ITALLY
|
| Citations |
1997 SLD 664,
1997 CLC 634
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXVI,
R.10,
Ss. 47 & 104
|