GUL MUHAMMAD MIR BAHAR Versus N.L.C.

ORDER

1. This execution application has been tiled for recovery of Rs.20,00,000 with interest at the rate of 15 % per annum 3-8-1988, till realization of the decretal amount.

2. Decree was passed by this Court on 3-3-1999 and no appeal has been filed against the decree. Notice was issued to the J.D, by an order, dated 11-6-2000 by this Court. Thereafter, Mr. Abdul Rauf Khan, Advocate tiled his vakalatnama and objections to the execution application in the form of an application under Order 7, Rule 11, C.P.C. read with section 151, C.P.C. on behalf of defendant No.2. This application has been signed by Lieutenant Colonel Saeed A. Khan, Principal Staff Officer of the N.L.C and duly signed by the learned counsel for the J.D. An Judicial Miscellaneous affidavit has also been filed in support of this application. Today nobody is there to prosecute this application even otherwise in view of Order 21, Rule 23-A, C.P.C. objections are not to be heard unless the judgment-debtor deposits the decretal amount or furnishes surety, whichever ordered by the Court. Apart from this aspect of the matter Order 7, Rule 11, C.P.C is not applicable to the execution proceeding. In this view of the matter execution application is allowed and it is ordered that the assets of the judgment-debtor as mentioned in the schedule of the properties annexed with this execution application be attached by the Nazir of this Court and thereafter ,proceedings for sale of the said articles be carried out. The sale proceeds be deposited in Court and same be used in the first instance for the satisfaction of the decretal amount. Orders accordingly. Nazir may week assistance of the Law Enforcement Agency if felt necessary under the circumstances.

3. H.B.T./G-71/K Application allowed/

4. Order accordingly.