| Case ID |
2ba83757-cb87-4a13-b140-0057e3175148 |
| Body |
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| Case Number |
Execution Application No. 21 C.M.As. 710 of 1998 a |
| Decision Date |
Apr 09, 2009 |
| Hearing Date |
Nov 17, 2008 |
| Decision |
The court dismissed the application filed by the judgment-debtor seeking further details regarding the execution of a foreign decree. The application was deemed as a delay tactic, as the judgment-debtor failed to raise relevant pleas in previous objections. The court emphasized the importance of concise pleadings and the necessity for parties to comply with the rules of the Civil Procedure Code. The execution of the foreign judgment was upheld, highlighting the court's commitment to enforcing valid foreign decrees while ensuring that the rights of the parties are protected under Pakistani law. |
| Summary |
This case revolves around the execution of a foreign decree issued by the High Court of Justice Queen's Bench Division against Mrs. Shahida Jam Sadiq Ali, who defaulted on a loan from the Bank of Credit and Commerce International, S.A. The court focused on the procedural aspects of the Civil Procedure Code, particularly the requirements for pleadings and the execution of foreign judgments. The court ruled that the judgment-debtor's application for further particulars was an attempt to delay the execution process, as the necessary objections had not been raised in a timely manner. The ruling reinforces the significance of adhering to procedural rules and the enforceability of foreign decrees in Pakistan, ensuring that valid judgments are executed efficiently while also protecting the rights of the parties involved. This case is pivotal for understanding the intersection of local and international law, particularly in the context of debt recovery and execution of foreign judgments. |
| Court |
Sindh High Court
|
| Entities Involved |
BANK OF CREDIT AND COMMERCE INTERNATIONAL, S.A.,
Mrs. SHAHIDA JAM SADIQ ALI
|
| Judges |
NADEEM AZHAR SIDDIQI, J
|
| Lawyers |
Usman Jamil,
Abrar Hassan
|
| Petitioners |
BANK OF CREDIT AND COMMERCE INTERNATIONAL, S.A.
|
| Respondents |
Mrs. SHAHIDA JAM SADIQ ALI
|
| Citations |
2009 SLD 2214,
2009 PLD 303
|
| Other Citations |
1997 SCMR 323,
1986 MLD 710,
1984 CLC 1941,
PLD 1960 (WP) Karachi 594,
PLD 1959 (WP) Kar 624,
PLD 1952 Dacca 155,
AIR 1916 PC 121,
AIR 1933 Madras 544
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. VI, Rr.4,
O. VI, Rr.5,
O. VI, R.6,
Ss. 13,
Ss. 44-A
|