2025 PLD 68 QUETTA-HIGH-COURT-BALOCHISTAN

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ALLAH DAD VS MAQBOOL AHMED Ss. 47 & 151---Execution proceedings---Application for grant of relief not mentioned in the decree---Scope---Decree of eviction was passed by the Rent Tribunal with a direction to hand over vacant possession of shops and deposit remaining rent amount---Respondent/ decree holder filed an application under S. 151, C.P.C. before the Executing Court for grant of outstanding utility bills, which was allowed---Validity---It was not within the domain of the Executing Court that in the execution proceedings, the question as to whether the view of the court which passed the decree was right or wrong as it was no more open for adjudication by the Executing Court---Grounds taken in the application filed by the respondent under S. 151, C.P.C. were never pleaded in the eviction application nor during the recording of evidence were pointed out by the witnesses in their statements made before the Trial Court and neither the Trial Court gave any findings in respect of the utility bills, thus, the decree had attained finality---Appellant himself was responsible for having lost his defense---Decree had to be executed as it is and it is not permissible to go behind it---Respondent did not take the plea before the Trial Court to the effect that there was some ambiguity regarding the facts in the case and the issue was not framed on a controversial point---Executing Court could not re-determine the rights and liabilities of the parties and once a decree was passed, it had to be executed in its terms---Points of attack or defense which were never agitated at the time of trial could never be raised at the stage of execution of the decree by filing an independent application under S.151 C.P.C.---Appeal was accepted, in circumstances.