Law:

Section:

(a) Civil Procedure Code (V - of 1908)--- ----O. XXXVII, R.2, O. XXI, R.30 & O.XX, R.11---Money suit---Trial Court decreed the suit---Executing court allowed objection petition filed by -debtor to recover decretal amount through sale of share of the -debtor in a house owned jointly by both the parties---Appellate Court set aside order of the executing court---Validity---Under O. XXI, R.30, C.P.C., every decree for payment of money could be executed by detention in prison of -debtor or attachment and sale of his property or both---Trial Court accepted -debtor's application for recovery of decretal amount from sale of his share in the house holding that no purpose would be served by detention of -debtor in prison but share of -debtor in said house had already been mortgaged to the bank as security against financial assistance---Decree could not be satisfied by subjecting the said house to sale and auction due to the encumbrance---Decretal amount not being hefty and little progress made towards payment of decretal amount despite protracted litigation, High Court declined to allow payment of decretal amount in instalments---Judgment and order of the Appellate Court was maintained and petition was dismissed. (b) Civil Procedure Code (u of 1908)--- ----O. XXI, R.30---Power to detain -debtor in execution of money suit---Under O.XXI, R.30, C.P.C., every decree for payment of money could be executed by detention in prison of the -debtor or attachment and sale of his property or both. JUDGMENT SYED SAJJAD HASSAN SHAH, J.---Saeed Ahmed, the petitioner has challenged the judgment and order dated: 29-3-2006 passed by learned Additional District Judge-VI Peshawar, whereby, the appeal filed by respondent against the judgment and order passed by learned Civil Judge/Executing Court Peshawar dated 24-3-2005 accepted the appeal and the proceeding of execution of decree was terminated. 2. Brief facts of the case are that the respondent Muhammad Farooq filed the Suit No.123/1 of 1994 seeking for the recovery of Rs.100,000, same was decreed with cost to the tune of Rs.5000. The respondent/decree holder filed the execution petition, the objection petition was filed against the…

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