ADNAN vs SUPERINTENDENT JAIL, GUJRAT S — 2021 PLD 624 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2021 PLD 624 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2021
Reporter: PLD
Parties: ADNAN vs SUPERINTENDENT JAIL, GUJRAT S
Subject matter: Civil
Provisions referred to: S. 13; S. 82---C; S. 55; S. 82; Punjab Land Revenue Act (XVII of 1967); Civil Procedure Code (V of 1908); Punjab Land Revenue Act; Family Courts Act; Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ADNAN VS SUPERINTENDENT JAIL, GUJRAT S. 13 (3)---Punjab Land Revenue Act (XVII of 1967), S. 82---Civil Procedure Code (V of 1908), S. 55 & O.XXI, R.11---Constitution of Pakistan, Art. 199---Constitutional petition---Decretal amount, non-payment of---Civil imprisonment---Duration---Petitioner was put in civil prison for his failure to pay decretal amount in a suit for maintenance filed by his wife---Plea raised by petitioner was that under S.82 of Punjab Land Revenue Act, 1967, period of detention could not exceed 30 days---Validity---Special procedure prescribed under S.13(3) of Family Courts Act, 1964, could be followed by Family Court through a specific order---In absence of such order, ordinary mode for execution prescribed under Civil Procedure Code, 1908, was applicable---No specific order was passed by Executing Court to follow procedure provided under Punjab Land Revenue Act, 1967, therefore, term of civil imprisonment was not to be governed under S.82 of Punjab Land Revenue Act, 1967 but provision of S.55 read with O.XXI, C.P.C. was applicable under which civil imprisonment for failure to pay decretal amount could be up to one year---Detention of petitioner more than one month was not illegal nor against the provisions of S.13(3) of Family Courts Act, 1964---Constitutional petition was dismissed, in circumstances.

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