Law:

Section:

Civil Procedure Code (V of 1908)-- ----O. XXI, R. 58---Execution proceedings---Sale of attached property---Objection petition---Objector's plea that attached properly was owned by her and could not be sold in execution of decree passed against ­-debtor---Decree-holder's plea that objector being a house-lady had no source of income; and that -debtor used to purchase properties benami in names of others to avoid his liabilities---Validity---Registered document produced by objector showed that attached property was in her name and she purchased same long before filing of suit against ­-debtor---At stage of execution, such question could not be gone into as to who had provided funds to objector to purchase such property---Objection was allowed and such property was released from attachment in circumstances. Sohail Farooq Sheikh v. The State 2009 MLD 375; Mst. Saeeda Begum v. Small Business Finance Corporation and another NLR 2003 Civil 136 and Asghar Ali v. Abdul Hussain and 3 others PLD 1977 Kar. 217 ref. ORDER SYED HASAN AZHAR RIZVI, J.---C.M.A. No.345 of 2010 has been filed been C.P.C. applicant/objector under Order XXI, Rule 58 r/w section 151, C.P.C. seeking recall of order dated 15-3-2010 and pass an order to release/discharge the property from the order of this Court, as the property is solely owned/possessed by the applicant/objector. The application is duly supported by affidavit of applicant Mst. Zubeda. Mr. Atif Awan learned counsel for the applicant stated that applicant is the exclusively owner of property No.F-59, Block-5, Park Lane, Clifton, Karachi vide agreement of sale dated 12-2-1983 and registered indenture of sub-lease dated 12-2-1983. He stated that applicant came to know when a notice was served/pasted on front wall of applicant house that has been attached in the above execution. He further argued that the decree-holder malafidely and with ulterior motive misleading the Court that the property belongs to the judgment-debtor, but the fact is that the applicant is the sole owner of the property in question prior to filing of the Suit No.789 of 1992, therefore the property cannot be attached in the instant proceedings. Learned counsel in…

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