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ATTA MUHAMMAD vs ZARAI TARAQIATI BANK LTD — 2023 CLD 1468 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLD 1468 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLD
Parties
ATTA MUHAMMAD vs ZARAI TARAQIATI BANK LTD
Subject matter
Civil
Provisions referred to
S. 51; Civil Procedure Code (V of 1908)

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

ATTA MUHAMMAD VS ZARAI TARAQIATI BANK LTD. Ss. 19 & 22---Civil Procedure Code (V of 1908), S. 51 & O.XXI, R. 37---Suit for recovery of finance---Execution of decree---Arrest and detention---Principle---Appellant/judgment-debtor was aggrieved of order passed by Executing Court issuing warrants of arrest to recover decretal amount---Validity---Warrants of arrest of judgment-debtor could only be issued in cases where Court was satisfied that in order to obstruct or delay execution of decree, judgment-debtor was likely to abscond or leave limits of Court or had, after institution of suit in which decree was passed, dishonestly transferred, concealed or removed any part of his property, or committed any other act of bad faith in relation to his property, or judgment-debtor has, or had means to pay the amount of decree or some substantial part thereof and refuses or neglects or had refused or neglected to pay the same, or decree was for a sum for which judgment-debtor was bound in a fiduciary capacity to account for---Without satisfaction of such pre-conditions no mechanical order for detention in prison could be passed against appellant/judgment-debtor---Order whereby warrants of arrest of appellant/judgment-debtor were issued was not sustainable and serious attempt for sale of mortgaged property through open auction was required to be made so that outstanding decretal amount could be recovered from appellant/judgment-debtor without straightaway adopting process of issuance of warrants of arrest against him for execution of decree through arrest and detention---High Court set aside the order issuing warrants of arrest against appellant/judgment-debtor---High Court directed Executing Court to proceed further with execution proceedings by holding auction of mortgaged property, in accordance with law--- Appeal was allowed, in circumstances.

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