METROPOLITAN STEEL CORPORATION LIMITED vs MULTAN ELECTRIC POWER COMPANY Ss

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METROPOLITAN STEEL CORPORATION LIMITED VS MULTAN ELECTRIC POWER COMPANY Ss.37, 38, 39 & 47---Execution proceedings---Precept---Decretal amount, depositing of---Effect---Judgment-debtor (a power distribution company) filed application to transfer of execution proceedings to the city/court where their head office was situated---Validity---Record (including Nazir's Report) revealed that decretal amount had been attached---Since the order attaching the said amount had also attained finality, therefore, there should be no impediment in allowing the present execution application---Therefore, application filed by judgment debtor, was not tenable; consequently, the same was dismissed---Decretal amount, already attached, was ordered to be paid to the decree holder forthwith---Execution application, filed by decree-holder, was granted. Citation Name: 2025 CLC 248 KARACHI-HIGH-COURT-SINDHBookmark this Case METROPOLITAN STEEL CORPORATION LIMITED VS MULTAN ELECTRIC POWER COMPANY Ss.37, 38, 39 & 47---Execution petition---High Court being Court of original jurisdiction---Judgment-debtor (a power distribution company) filed application to transfer of execution proceedings to the city/court where their head office was situated---Execution petition filed before High Court as the same Court passed decree in its original jurisdiction---Validity---High Court while exercising its original jurisdiction is not a Court exercising ordinary original civil jurisdiction, but is a constitutional Court---Application filed by judgment debtor, was not tenable; consequently, the same was dismissed---Decretal amount, already attached was ordered to be paid to the decree holder forthwith---Execution Application, filed by decree-holder, was granted. Citation Name: 2025 CLC 248 KARACHI-HIGH-COURT-SINDHBookmark this Case METROPOLITAN STEEL CORPORATION LIMITED VS MULTAN ELECTRIC POWER COMPANY Ss. 37, 38, 39 & 47 & O.VII. R. 11---Jurisdiction of Court already determined---Scope---Judgment-debtor (a power distribution company) filed application to transfer of execution proceedings to the city/court where their head office was situated---Validity---In terms of sections 37, 38 and 39 of Civil Procedure Code, 1908, a decree can be transferred to other Court for implementation, inter alia, on the application of decree-holder ,but in the present case, the objection was raised by the judgment debtor---Issue of jurisdiction was already decided by the High Court (exercising original jurisdiction) when order, regarding jurisdiction, was passed in favour of plaintiff (now decree-holder) dismissing an application having been filed by the very applicant (judgment debtor), being defendant, for rejection of plaint, on the ground of lacking jurisdiction---Therefore, application filed by judgment debtor, was not tenable; consequently, the same was dismissed---Decretal amount, already attached, was ordered to be paid to the decree holder forthwith---Execution Application, filed by decree-holder, was granted. Citation Name: 2025 CLC 248 KARACHI-HIGH-COURT-SINDHBookmark this Case METROPOLITAN STEEL CORPORATION LIMITED VS MULTAN ELECTRIC POWER COMPANY Ss.37, 38, 39 & 47---Execution application---Precept---Scope---Decree attaining finality---Effect---Judgment-debtor (a power distribution company) filed application to transfer the execution proceedings to the city/court where their head office was situated---Validity---No appeal had been preferred, not even till date, against the judgment and decree against the applicant (judgment-debtor); thus, the same (decree) hadd attained finality---Substantial justice is to be done between the litigants---Once a decree attains finality, then, statutory right and interest accrue in favour of decree-holder, which cannot be strangulated on the basis of procedural law, status of which is that of stepping stone and not a stumbling block---Therefore, application filed by judgment debtor, was not tenable; consequently, the same was dismissed---Decretal amount, already attached was ordered to be paid to the decree holder forthwith---Execution application, filed by decree-holder, was granted.

METROPOLITAN STEEL CORPORATION LIMITED vs MULTAN ELECTRIC POWER COMPANY Ss — 2025 CLC 248 KARACHI-HIGH-COURT-SINDH

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