Executing Court cannot rectify any mistake in decree which would tantamount to going behind decree”

 In “Sardar Ahmad Yar Khan Jogezai and 2 others v Province of Balochistan through Secretary C & W Department” (2002 SCMR 122), it was ruled by the August Supreme Court that:

“An in depth scrutiny of the entire record would reveal that judgment/decree passed by learned High Court on 04-11-1985 had attained finality and furthermore the modification as allowed vide said judgment/decree was free from any ambiguity and accordingly the question of any clarification by the executing Court does not arise. The learned executing Court has modified the decree which had already attained finality by means of order, dated 13-4-1989 … A bare perusal would reveal that “simple interest at the rate of 6% per annum from the date of decrees” as awarded by the learned High Court vide judgment/decree dated 04-11-1985 was substituted by holding that “the decree holders are entitled to the awarded amount, work plus interest awarded added thereto from 1960 to the date of application with the rate of interest given in the award and till the date of the decrees dated 21-5-1977 and thereafter till the realization of the whole decretal amount at 6% per annum with simple interest”. The said substitution or drastic amendment could not have been made by the learned Executing Court which in fact amounts to a futile attempt to frustrate the object of judgment and decree dated 4-11-1985 which had already attained finality and thus the order dated 13-4-1989 passed by the learned District Judge Loralai (executing court) is arbitrary, capricious and corum non judice. It worth mentioning that executing court could not go beyond the decree. It is well-settled by now that “when decree passed attained finality it had got to be executed even if it was erroneously passed. Executing Court cannot rectify any mistake in decree which would tantamount to going behind decree” … A court executing a decree cannot go behind the decree; it must take the decree as it stands, for the decree is binding and conclusive between the parties to the suit…”

Part of Judgment
Lahore High court
Civil Revision
1643006.1399-14
2018 LHC 3512

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