Mst. ABIDA ZAKIR alias AUBAIDA ZAKIR vs Raja AMAN ULLAH KHAN Ss — 2022 PLD 54 ISLAMABAD

Case information

Citation: 2022 PLD 54 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLD
Parties: Mst. ABIDA ZAKIR alias AUBAIDA ZAKIR vs Raja AMAN ULLAH KHAN Ss
Subject matter: Civil
Provisions referred to: S. 44-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. ABIDA ZAKIR alias AUBAIDA ZAKIR VS Raja AMAN ULLAH KHAN Ss.13 & 44-a---Execution of foreign judgment---Non-freezing of assets---Petitioner was holder of decree issued by a Court in United Kingdom---Enforcement of final order was refused by Court on the plea that earlier Court in Pakistan declined to execute interim freezing order against assets of judgment debtor in Pakistan---Validity---Held, it was unlawful for Court below to have dismissed application of decree holder under S.44-a, C.P.C. for enforcement of final order passed by Court in the United Kingdom on the ground that earlier the decree holder had filed application for execution of an interim freezing order passed by foreign Court before District Court in Pakistan---application under S.44-a, C.P.C. was filed before it for enforcement of final order which was an order for payment of money---Enforcement of freezing order, which had been made an integral part of that final order, was sought only to secure assets of judgment debtor, against which final order could be enforced---High Court set aside the order passed by Court below and remanded the matter for further proceedings on application under S.44-a, C.P.C. of applicants---appeal was allowed, in circumstances.

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