TARIQ ALI vs HILAL SHAH Ss — 2025 CLC 348 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 CLC 348 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: CLC
Parties: TARIQ ALI vs HILAL SHAH Ss
Subject matter: Civil

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

TARIQ ALI VS HILAL SHAH Ss.51, 115 & O.XXI, R. 37---Recovery of decretal amount---Arrest and detention---Principle---Petitioner/judgment debtor was aggrieved of his arrest by Executing Court for default in payment of decretal amount---Validity---When judgment debtor refuses or neglects to pay decretal amount, then he can be sent to prison---Before committing to prison, Executing Court has to provide judgment debtor an opportunity of showing cause regarding his committing to prison and upon his satisfaction that judgment debtor has means to pay amount of decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same, then he can be sent to civil prison---In such case, Executing Court is under legal obligation to provide justiciable reasons thereof---Executing Court committed serious illegality while not providing petitioner/judgment debtor proper opportunity of showing cause regarding his committing to prison due to non-payment of decretal amount---When law required a thing to done in a particular manner, then the same has to be done in that very manner or it should not be done at all---High Court set aside order passed by Executing Court---Revision was allowed, in circumstances.

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