Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. IX, R.6---Qanun-e-Shahadat (10 of 1984), Art.129(e)--­Constitution of Pakistan (1973); Art. 199---Constitutional petition ---Non­appearance of respondent and his counsel in response to notices issued to them---Office report confirmed issuance of the notices---Effect--­Presumption would be that notices had been served upon such persons--­High Court proceeded ex parte against respondent. (b) Contract Act (IX of 1872)--- ----S. 37---Civil Procedure Code (V of 1908), S.50---Pecuniary liabilities/obligations of deceased debtor arising out of contract---Right of creditor to enforce such contract against legal heirs of deceased debtor---Scope and extent---Legal heirs would not be personally liable to liquidate liabilities of their predecessor-in-interest---Coercive measures for recovery of outstanding amount could not be adopted against a person who had not secured loan himself---Pecuniary obligations undertaken by deceased would bind his legal heirs to the extent of estate of deceased inherited by them---Amount due in the account of deceased debtor could be recovered from mortgaged property, if any, or/and from the estate left by him---Amount outstanding against deceased could not be recovered from his son under threat of arrest and adoption of other coercive measures---Such recovery, if made, would be illegal and creditor would be liable to refund recovered amount to the son of deceased debtor---Principles illustrated. Agricultural Development Bank of Pakistan v. Sanaullah Khan and others PLD 1988 SC 67 fol. (c) Contract Act (IX of 1872)--- ----S. 126---Guarantor/surety---Affidavit of a party stating therein to be guarantor--- Evidentiary value---Such affidavit, if denied by its signatory and not proved in accordance with law, would be of no help to creditor---Person by simply executing an affidavit would not become guarantor, unless he executed letter of guarantee within contemplation of law of guarantee---Principles. ORDER Briefly stated the facts, as discernible from the available record, are that on 1-10-1981, Muhammad Hussain son of Farid Bakhsh (deceased), the father of the petitioner, availed financial facility,…

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