Foreign Decree: 2011 PLD 620 LAHORE-HIGH-COURT-LAHORE Side Appellant : SHAHID SIDDIQUE Side Opponent : SHARJA NATIONAL TRAVELS AND TOURIST AGENCY Ss.13, 44-A, O.IX, X.13 & O.XXXIV--- Transfer of Property Act (IV of 1882), S.58---Ex parte decree---foreign decree ---Reliance---Mortgaged property, sale of----Trial Court proceeded ex parte against defendant and passed preliminary decree on the basis of decree passed in a foreign country and allowed sale of property for which there was an agreement to create a mortgage--- Validity---Nothing was available on file to show that United Arab Emirates was reciprocating territory within the meaning of Explanation 2 to S.44-A, C.P.C.---Fact of reciprocating territory was to be notified by Federal Government in official gazette declaring reciprocating territory as such---In absence of any such notification, a foreign judgment could not be treated as a conclusive in the matter within the meaning of S.13, C.P.C.---Judgment passed by court in Dubai and the decree granted there, unless same was established by way of separate suit in terms of S.13, C. P. C., could not be executed in Pakistan---Trial Court also committed another illegality while decreeing the suit by presuming the agreement to create mortgage which was in fact a mortgage deed---Such agreement manifested that it was an executory document which did not attain the form of mortgage deed---Only mortgages created in forms provided under S.58 and onwards of Transfer of Property Act, 1882, were enforceable through court---High Court set aside judgment and decree passed by Trial Court and case was remanded for deciding the same afresh after providing opportunity to defendant to contest the same on merits---Appeal was allowed in circumstances.
Posted on: Tue, 27 Aug 2013 04:53:58 +0000
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