Citation Name: 2023 CLC 2169 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM SHABBIR vs Mst

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Citation Name: 2023 CLC 2169 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM SHABBIR VS Mst. TANZEELA NUSRAT S. 145---Contract Act (IX of 1872), S. 128---Family Courts Act (XXXV of 1964), S. 13---Execution of decree passed by Family Court---Decretal amount not paid by judgment-debtor---Liability of surety, enforcement of---Proceedings against the surety---Contention of the petitioner /surety was that he stood surety only for a certain amount and not for entire satisfaction of decree, while said /certain amount had already been paid by him during execution proceedings, therefore, he was liable to be released and his property de-attached---Validity---Record revealed that the judgment-debtor was sent to civil prison due to non-payment of decretal amount and thereafter, the petitioner, being surety, was summoned to satisfy the decree---It was also evident from the contents of the surety bond as well as the statement recorded before the Court by the petitioner/surety, that he himself had made him liable to pay the decretal amount in place of the judgment-debtor on his failure to satisfy the decree, thus, the petitioner later could not wriggle out of his own undertaking---However, High Court directed the Executing Court to decide the pending objection petition of surety after framing of issues and recording of evidence of parties regarding the amount paid or to be paid by the petitioner/surety to the decree-holder---Constitutional petition was disposed of accordingly. Citation Name: 2023 CLC 2169 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM SHABBIR VS Mst. TANZEELA NUSRAT S. 145---Contract Act (IX of 1872), S. 128---Execution of decree---Decretal amount, non-payment of---Liability of surety, enforcement of---Section 145 of the Civil Procedure Code, 1908, stipulates that when a person becomes surety for performance of any decree or its part, or restitution of any property taken in execution of decree or payment of any money under an order of the Court in any suit or proceedings, the decree can be executed against him to the extent for which surety has rendered himself personal lyliable in the manners provided therein---After default has occurred there is no reason to absolve the surety from his liability to pay the agreed amount which has become due against him in view of principles laid down in S.128 of the Contract Act, 1872 and S. 145 of the Civil procedure Code, 1908. Citation Name: 2023 CLC 2169 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM SHABBIR VS Mst. TANZEELA NUSRAT S. 145---Contract Act (IX of 1872), S. 128---Family Courts Act (XXXV of 1964), S. 13---Constitution of Pakistan, Art. 199---Execution of decree passed by Family Court---Non-payment by the judgment-debtor---Proceedings against the surety---Concurrent findings---Constitutional jurisdiction of the High Court---Scope---Contention of the petitioner/surety was that he stood surety only for a certain amount, and not for entire satisfaction of decree, while said /certain amount had already been paid by him during execution proceedings, therefore, he was liable to be released and his property de-attached---Validity---High court could not interfere with the findings recorded by the Family Court which later were concurred with by the Appellate Court, and both were in accordance with the law/evidence---In the present case, neither any jurisdictional error of the Courts below had been challenged nor conduct of proceedings by the Courts below had been called in question---No illegality was found in the impugned concurrent judgments of the Courts below, which could not be interfered with especially when the same were based upon substantial evidence which the petitioner had not been able to controvert during the proceedings before the Courts below---Both the Courts had recorded findings of facts assigning cogent and sound reasoning which did not warrant any interference by the High Court---Constitutional petition was dismissed, in circumstances.

Citation Name: 2023 CLC 2169 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM SHABBIR vs Mst — 2023 CLC 2169 LAHORE-HIGH-COURT-LAHORE

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