SAIM SADIQ vs MUHAMMAD ASIF Ss — 2022 MLD 1490 ISLAMABAD

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SAIM SADIQ VS MUHAMMAD ASIF Ss.21, 47 & O.IX, R.13---Malicious prosecution---Suit for recovery of Rs. 1,10,00,000/- as damages was filed in High Court (then having exclusive pecuniary jurisdiction) by respondents against the appellants---Appellants/judgment debtors filed written statement---Case was transferred from High Court to the Civil Court due to enhancement of pecuniary jurisdiction of civil Courts through amendment---Suit was decreed ex-parte to the extent of 42,00,000/---Respondents filed execution petition---Appellant filed application for setting aside ex-parte judgment/decree which after passing through two rounds of litigation was dismissed by Supreme Court---Thereafter, appellants filed objection petition which was dismissed by Executing Court---Appellants contended that Executing Court of West Division had no territorial jurisdiction as the Civil Court East Division was competent to try the matter keeping in view the police station in which criminal case was registered---Validity---Appellants filed written statement and issues were framed---After framing of issues, appellants did not join the proceedings of the suit, hence the ex-parte decree was passed to the extent of recovery of Rs.42,00,000/---After exhausting all the remedies upto the Supreme Court, appellants filed objection petition on ground of territorial jurisdiction---Appellants had not taken the objection regarding territorial jurisdiction at initial stage, issues were framed in their presence, they neither objected nor filed any petition for framing the issues regarding territorial jurisdiction---After exhausting all the remedies upto the Supreme Court, filing of objection petition at the stage of execution after about 4 years of passing of the judgment/decree by taking absolutely new plea/objection, was not warranted under the law---During the pendency of execution proceedings, the appellants had paid part payment of Rs.9,50,000/- to the decree holder which clearly indicated that appellants had accepted the decree and also made some compliance in the execution proceedings---Appeal was dismissed accordingly.

SAIM SADIQ vs MUHAMMAD ASIF Ss — 2022 MLD 1490 ISLAMABAD

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