MUHAMMAD AKRAM vs ADDITIONAL DISTRICT JUDGE S — 2023 CLC 702 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 702 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: MUHAMMAD AKRAM vs ADDITIONAL DISTRICT JUDGE S
Subject matter: Criminal
Provisions referred to: S. 145---F; S. 17A---E; Family Courts Act (XXXV of 1964)

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

MUHAMMAD AKRAM VS ADDITIONAL DISTRICT JUDGE S.145---Family Courts Act (XXXV of 1964), S.17A---Enforcement of liability of surety---Scope---Order of family court discharging the surety from further liability was set aside by the appellate court---Decree passed by the family court provided for payment of certain amount per month from the institution of the suit till their legal entitlement---Wording of decree had no uncertainty contained therein---Surety bond was tendered upon filing of the first execution petition and by then liability was of Rs.78,000/-, however, second part of the surety bond was also not ambiguous and its plain reading lead to no other meaning but that the petitioner (surety) held himself responsible for the entire decreed amount and offered his property, mentioned in the surety bond, to be sold/auctioned, in case of default of the decree by judgment-debtor---No ambiguity was found in the undertaking given in the surety bond that might be required to be resolved in favour of the petitioner or needed any benefit to be given to the petitioner---Stipulation(s) and / or words in surety-bond must be read in their ordinary meaning and when words contained therein are unambiguous, there is no reason to apply any other to its construction---Constitutional petition was dismissed, in circumstances.

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