NIAZ HUSSAIN vs FAZAL FAREED Ss — 2026 CLC 802 LAHORE-HIGH-COURT-LAHORE

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NIAZ HUSSAIN VS FAZAL FAREED Ss.13, 14 & 115---Foreign money decree---Suit for recovery in Pakistan, filing of---Foreign judgment as cause of action---Scope---Brief facts were that the respondents/plaintiffs filed a suit for recovery of Rs. 22,62,244/- (71, 594 Saudi Riyal) against the petitioner / defendant, arising out of a business/work arrangement in Saudi Arabia culminating in a money decree passed by acompetent court at Makkah al-Mukarramah in favour of the plaintiffs; the trial court decreed the recovery suit; the petitioner's/defendant's appeal was dismissed by the District Court; and the petitioner then filed the present civil revision challenging those concurrent judgments/decrees---Issue requiring determination before the High Court was as to "whether, in view of the foreign money decree and the scheme of Ss. 13 & 14, C.P.C., the plaintiffs/respondents were entitled to recover the decretal amount from the petitioner in Pakistan through filing of the civil suit---Held: Admittedly, a civil lis was instituted against the petitioner / defendant in the competent Court at Makkah al-Mukarramah and the petitioner joined the proceeding before the said Court, submitted his available defenses and thereafter a decree was passed against him and same was still intact as it was not challenged by him---Once he had submitted to the jurisdiction of the Court at Makkah al-Mukarramah without any objection, thereafter the decision rendered by the said Court was binding---Under S.13, C.P.C. the process of foreign decree was provided and under Ss. 13 & 14 C.P.C. the presumption of validity/truth was attached to the foreign decree---The concurrent findings of fact were against the petitioner/defendant which did not call for any interference by the High Court in exercise of its revisional jurisdiction---Civil revision petition was dismissed with special costs, in circumstances.

NIAZ HUSSAIN vs FAZAL FAREED Ss — 2026 CLC 802 LAHORE-HIGH-COURT-LAHORE

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