MUHAMMAD ABDUL REHMAN vs ADDITIONAL DISTRICT JUDGE, MULTAN O — 2022 CLC 1684 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ABDUL REHMAN VS ADDITIONAL DISTRICT JUDGE, MULTAN O.XXI, Rr.1 & 2 & S.47---Family Courts Act (XXXV of 1964), Preamble---Family suit---Execution petition---Out of court payment/settlement alleged---Scope---Suit of the respondent/wife was partially decreed holding her entitled for getting godown or alternate amount of Rs.30,00,000/---Petitioner filed objection petition pleading that Rs.851,000/- had already been paid out of the Court for satisfaction of decree and matter was settled---Respondent denied such an alleged payment/satisfaction/settlement out of Court---Petitioner's objection petition was dismissed---Warrant of arrest of the petitioner was issued and his appeal thereagainst was also dismissed in limine---Petitioner contended that Executing Court had ignored the compromise between parties before arbitrator; payment out of Court was in accordance with law; and that two affidavits and receipt purportedly issued by brother of respondent was also ignored by the Court---Held, that Court's decree if not intervened by appellate Court would attain finality and Executing Court could not go behind decree subject to very limited circumstances permissible under S.47 of Civil Procedure Code---Plea of out of Court payment, if not supported by proof of payment through banking instrument/postal money-order/written evidence carrying signatures of the decree-holder or his authorised agent, the executing Court could not accept such an out of Court payment, unless it was confirmed by the decree-holder to the executing Court---Wisdom behind Rules 1 and 2 of Order XXI clearly was to avoid another round of litigation with respect to the satisfaction of decree and multiplicity of litigation---Court had to examine the documents relied by the petitioner to show the payment and genuineness of his claim, which included two affidavits and a receipt purportedly issued by the brother of respondent---Said affidavits were given by the strangers to the lis/decree in question---Said receipt did not contain signature of decree-holder and was issued by brother of the decree-holder without any proof of the fact he was recognized/authorized agent of the decree-holder---Constitutional petition was dismissed accordingly.

MUHAMMAD ABDUL REHMAN vs ADDITIONAL DISTRICT JUDGE, MULTAN O — 2022 CLC 1684 LAHORE-HIGH-COURT-LAHORE

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