There is no cavil to the proposition that the decree is the formal expression of adjudication rendered by the Court. Sub-rule (2) of Rule 35 of Order XLI of the Code of Civil Procedure, 1908 (“the CPC”) contemplates that the..........

 There is no cavil to the proposition that the decree is the formal expression of adjudication rendered by the Court. Sub-rule (2) of Rule 35 of Order XLI of the Code of Civil Procedure, 1908 (“the CPC”) contemplates that the decree shall contain the number of the appeal, the names and descriptions of the appellant and respondent, and a clear specification of the relief granted or other adjudication made. No doubt that it is the decree and not the judgment that is to be executed and the learned Executing Court cannot go beyond decree. In the instant case, the decree drawn by the learned Appellate Court below does not reflect the exact amount awarded by the learned Appellate Court below while partially allowing the appeal preferred by the respondent/ decree holder.

What is the effect of such uncertainty in the decree drawn in appeal and how to resolve the same is the nub of the matter. In this regard, at the outset, it is imperative to observe that Section 13 of the Family Courts Act, 1964 (“the Act”) clearly stipulates how the decrees passed by the Family Court are to be enforced whereas Section 17 of the Act clearly contemplates that the provisions of Qanun-e-Shahadat Order, 1984 and the CPC, except Sections 10 & 11 thereof, shall not apply to the proceedings before any Family Court.

Though an Executing Court cannot travel beyond the decree while implementing the same, however, that does not mean that it has no duty to find out true effect of the decree. For construing a decree, the learned Executing Court can in appropriate cases, opt to take into consideration the pleadings as well as proceedings leading upto the judgment that forms the foundation of the decree. In order to find out meaning and scope of the words employed in the decree, the Executing Court often has to ascertain the circumstances under which those words have been or can be used.

W.P No.14105/2023
Zahid Saleem Versus Mst. Gulshan Shaukat etc.
Date of Hearing 16.05.2023