WELCOME PRINCE RICE MILL vs NATIONAL BANK OF PAKISTAN S — 2023 MLD 1853 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 1853 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: WELCOME PRINCE RICE MILL vs NATIONAL BANK OF PAKISTAN S
Subject matter: Civil
Provisions referred to: S. 51; S. 19---E

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

WELCOME PRINCE RICE MILL VS NATIONAL BANK OF PAKISTAN S. 51(e), proviso, O. XXI, Rr. 37 & 66---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 19---Execution of decree---Arrest of judgment debtor---Statutory notice, non-issuance of---Effect---Petitioner was judgment debtor who was arrested during execution of decree for non-payment of decretal amount---Validity---Though vast powers were given to Executing Court but it was also legislative intention to protect citizen from personal humiliation in the capacity of a judgment debtor---Law provided mode of execution of decrees by way of issuing warrants of arrest but the same was subject to issuance of notice to judgment debtor---Executing Court without issuance of notice to petitioner to explain his position issued his warrants of arrest, which was against mandate of such provision of law---There was nothing on record to show that petitioner was ever served with such notice as contemplated in S. 51, C.P.C. read with O. XXI, R. 37, C.P.C. and had also failed to fulfill requirements of O. XXI, R. 66, C.P.C. for simple reason that no notice was issued to petitioner prior to issuance of his warrants of arrest---Executing Court committed serious illegality and material irregularity while passing order in question, which was not permissible under the law--- High Court directed Executing Court to proceed in accordance with the provision of S. 51, C.P.C. read with O. XXI, R. 37, C.P.C., and set aside order of arrest of petitioner passed by Executing Court---Constitutional petition was allowed accordingly.

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