ALI NAWAZ CHOWHAN. J.---This is an E.F.A filed by the Agricultural Development Bank of Pakistan which is now being called as Zari Traqiati Bank. This is against an order passed by the Executing Court dated 8-3-2005.
2. The matter relates to a judgment given by the Chairman Banking Tribunal Faisalabad dated 14- 6-1993. This was an ex parte order and being a short one we are reproducing it below in extenso:-- "Consequently the plaintiffs suit for payment of Rs.40,02,505 is decreed in favour of the plaintiff and against the defendants with cost and mark-up a the stipulated rate till the realization of the dectal amount."
3. After the passage of this order a decree sheet was drawn but it appears that the decree is destitute of the factum of mark-up. But according to the learned counsel for the Bank the decree sheet does make a mention of it.
4. Obviously, the Executing Court has to remain within the periphery of the decree and cannot go beyond the decree. It can summon the record for inspection and ascertaining whether full part of the judgment i.e. including the portion relating to the mark-up has been reflected by the Banking Court in its decree sheet and if not then refrain from taking any further action in the matter while remain confined to what is stated in he decree.
5. In which case the decree-holder will have to go back to the learned Banking Court for purposes of correction of decree and bringing it in consonance with the judgment and until this is done the present respondents cannot be burdened with anything beyond the decree. It is their case before us that they have paid the amount reflected in the decree sheet and if that is so they have then fulfilled the requirement of decree until the decree is amended.
6. In case the bank chooses to move the Banking Tribunal for purposes of amendment in the decree then the judgment-debtor will also have the opportunity of addressing the Court In this connection so that the ends of natural justice were met. With these observations this matter is. therefore, disposed of.