1. This is an application made under Article 2A of the Constitution of Islamic Republic of Pakistan, 1973 read with section 151, C.P.C. The position is that this Court on 12-11-1995 passed a judgment and decree against the defendants judgment-debtors. This application has now ,been made in view of the recent pronouncement in the case of Dr. Muhammad Aslam Khaki v. Syed Muhammad Hashmi PLD 2000 SC 225 stating that the decree had been passed was against the Injunctions of Islam as, there is declaration in the said judgment that the interest amounts to Riba and that because, the interest granted by this Court in the judgment passed on 12-11-1995 also amounted to Riba, therefore, the said judgment and decree is liable to be reviewed in terms of the judgment in Dr. Aslam Khaik's case (supra).
2. There is an office objection as to the maintainability of this application. Mr. Salim Salam Ansari states that in view of the declaration-and observations made by the Appellate Shariat Bench of the Supreme Court of Pakistan in the aforesaid case of Dr. Aslam Khaki and in view of the Article 2A of the Constitution of Islamic Republic of Pakistan that all Laws shall subject to the Islamic provisions and Riba not be charged to any citizen, the judgment and decree is liable to be modified.
3. In the case of Dr. Aslam Khaki (supra) various enactments have been dealt with separately and those enactments either in its entirety or certain specific provisions have been 'stated to be against the Injunctions of Islam. In the order of the Court where specific provisions have been stated to be against the Injunctions of Islam and where the specific provisions of certain laws have been held to be un-Islamic the Court has specifically given dates as to the transformation of the law into the Islamic system.
4. This suit had been filed under the provisions of the Civil Procedure Code, certain provisions of which have been held to be un-Islamic. In subpara. 11 of para. 90 of the Order of the Court has been held that the laws or the provisions of laws to the extent that those have been declared to be repugnant to the Injunction of Islam shall cease to have effect from 30th June, 2001". The specific provisions of the Civil Procedure Code whereby the interest is granted under the various decrees have also been held to be unIslamic, but in view of the specific declaration that the said provisions shall "cease to have effect from June 30, 2001", the provisions contained under the Civil Procedure Code shall remain effective till 30th June, 2001 as such, the judgment and decree having been passed under the provisions of a valid statute cannot be modified or set aside.
5. In view of the above observations, the application C.M.A. 10351 of 2000 is dismissed in limine.