21/02/2026
اجرا میں مدیون کا شناختی کارڈ بلاک کرنا غیر مناسب ہے۔
Section 51 of the CPC sets out the various modes for ex*****on of a decree. Clauses (a) to (d) set out certain specific modes, none of which is relevant for present purposes. The final clause (e) then generally allows for the decree to be executed “in such other manner as the nature of the relief granted may require”. This clause certainly confers the necessary flexibility and latitude as enables the executing Court to ensure that the decree is satisfied. However, it cannot obviously be stretched to the point where the order made in ex*****on loses all contact with the statutory provision. In the case at hand the decree is simply a money decree on a summary chapter suit. We are not at all satisfied that such a decree would require or make permissible ex*****on by blocking the CNIC of the judgment debtor by resort to s. 51(e). One might as well then (for instance) also allow the executing Court to order the blocking of utilities (such as electricity, water etc.) from the residence or workplace of a judgment debtor for ex*****on of a money decree. While a robust approach should certainly be taken to ensure ex*****on it cannot be so muscular (especially in the exercise of a general power of the nature conferred by clause (e)) as essentially deprives the judgment debtor of an essential aspect of living.
The CNIC is not a luxury or a mere statutory requirement. In these times it has become essential to being able to carry on a normal way of life in the ordinary course. In our view, to curtail a judgment debtor from this is not the proper exercise of discretion or any statutory powers as, with respect, erroneously concluded by the learned High Court.
C.P.L.A.3744/2023
Agha Abid Majeed Khan v. Idrees Ahmed and another
Mr. Justice Munib Akhtar
18-02-2026
M FAROOQ KHILJI ADVOCATE
