Amendment of execution petition

2014 CLC 1295 KARACHI-HIGH-COURT-SINDH Judicial Precedent

O. VI, R. 17Amendment of execution petitionApplicability of O.VI, R.17, C.P.C.ScopeProvisions of O.VI, R.17, C.P.C. were not applicable to the execution petitionAmendments should be made for the purpose of determining the real questions in controversy between the partiesNo controversy was in existence between the parties

Execution proceedings would start on culmination of controversies between the parties on pronouncement of judicial order

Contents of execution petition were not pleadings as applicant could not write anything in the application from his own sweet will nor could plead anything even if it was left undetermined by the court in the judgment

Execution petition was a pro forma and it had to be filled by the applicant in accordance with the statement of decree which in itself was a "formal expression of adjudication"

Neither execution petition could be treated as "pleadings" nor courts were empowered to amend the contents of the same during the process of achieving the satisfaction of a decree

Execution petition on amendment would not continue to be in conformity with the decree on court file

Authority of Executing Court was limited

Such court could not go beyond the decree

Order on an amended execution application would amount to going beyond the decree

Executing Court had no authority to amend an execution application and pass orders on such amended execution petition and ignore the decree

Power of court in terms of provisions of O.VI, R.17, C.P.C. was not available to the Executing Court

Application for amendment in execution application was dismissed in circumstances.