ZAFAR HASAN KHAN vs HABIB BANK LIMITED Ss — 2024 CLD 770 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 CLD 770 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: CLD
Parties: ZAFAR HASAN KHAN vs HABIB BANK LIMITED Ss
Subject matter: Civil
Provisions referred to: S. 51; Civil Procedure Code (V of 1908); 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

ZAFAR HASAN KHAN VS HABIB BANK LIMITED Ss. 19 & 22---Civil Procedure Code (V of 1908), S. 51, proviso & O.XXI, R. 40---Issuance of arrest-warrant---Scope---Decree-holder/bank filed application before the Banking Court seeking issuance of arrest warrant of the customer/judgment-debtor on the ground that as the decree was not materialized yet, hence the warrants were inevitable---Customer/judgment-debtor preferred appeal against acceptance of said application contenting that ground taken by the decree-holder was not enough for issuance of such warrants---Validity---Issuance of warrant in respect of decrees, which were unaccomplished, is not a routine matter---Section 51 of the Civil Procedure Code, 1908, provides for execution of a decree though arrest and detention of the judgment-debtor and the proviso thereof furnishes certain safeguards against the deprivation of liberty and contemplates that such power can only be exercised under certain given situations---In the present case, such situations were not considered prior to the issuance of warrants---High Court set aside impugned judgment and remanded the matter to the Banking Court, observing that unless the requirement of S. 51 & O. XXI, R. 40 of the Civil Procedure Code, 1908, are fulfilled, the ultimate recourse of arrest of the judgment-debtor may not be made---Appeal filed by the judgment-debtor was disposed of accordingly.

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