MIAN SAQIB NISAR, J.-- Respondent had filed an application under Section 44-A, CPC for execution of a decree dated 16.10.1993, passed by the Queen's Bench Division, High Court, of Justice in England. The appellant/judgment-debtor filed an objection petition resisting the execution of the decree, which has been rejected by the learned ADJ, vide order dated 28.7.2000.
2. It is contended by the learned counsel for the appellants that the order impugned is illegal and unlawful, for the reason that alongwith application, certified copy of the document, duly attested by the Pakistan Embassy in England, has not been appended. This according to the learned counsel, is violation of provisions of Articles 89 and 96 of the Qunun-e- Shadat Order. Besides, according to the judgment reported as Dr. M. Aslam Khaki versus Syed Muhammad Hashim, etc. (PLD 2000 S.C. 225) (SLR 2000 SC-(Pak) 73), the interest has been declared to be uh-Islamic, therefore, the decree to the extent of interest is not executable or enforceable in Pakistan.
3. I am afraid that this contention has no force. As per requirement of S. 44-A, CPC the decree- holder is only required to file alongwith application, a certified copy of the decree, which has been duly done in the present case. The provisions of Articles 89 and 96 of the Qanun-e-Shahadat, have no application or reference to the proceedings initiated under section 44-A, CPC therefore, this objection is totally misconceived.
4. As regards the question, whether the foreign decree, awarding interest can be enforceable in Pakistan suffice it to say that the aforesaid judgment has no application to the facts and circumstances of the present case. Even otherwise, the judgment has to take effect from 30th June, 2001 and till such time, the foreign decree cannot be refused on the plea that it is not in consonance with the judgment of the Honourable Supreme Court, cited above. This appeal thus has no merits and is hereby dismissed in limine.