Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----O. XVLII, R. 104--Constitution of Pakistan, 1973, Art. 199--Withdrawal of surety bond--Execution of decree--Question--Whether Courts below exercised jurisdiction--Surety for payment of decretal amount instead of appearance of debtor--Validity--Surety cannot be claimed to have discharged his liability and he cannot be absolved of liability on account of arrest of debtor. 2012 CLC 679, rel. THIS JUDGMENT DELIVERED BY: SHAHID BILAL HASSAN, JUSTICE---.--- Through this writ petition, the order dated 20.02.2014 passed by learned Addl. District Judge, Gojra, whereby civil revision preferred against order dated 23.01.2014 passed by learned Civil Judge, Gojra, dismissing the application for withdrawal of surety of the Respondent No. 1, submitted for Respondent No. 2, has been allowed and order dated 23.01.2014 has been set aside by discharging the Respondent No. 1 from his liability. 2. Learned counsel for the petitioner has argued that petitioner instituted a suit for recovery of Rs. 244,818/-against the Respondent No. 2, which was contested by him and same was ultimately decreed in favour of the petitioner vide judgment and decree dated 16.10.2008, which was assailed through appeal, but same was dismissed vide judgment and decreed dated 09.06.2009. Thereafter, the petitioner/decree holder filed execution petition for execution of decree dated 16.10.2008. During proceedings, the Respondent No. 1, on 08.03.2003, appeared before the appellate Court and stood surety of Respondent No. 2 against decretal amount and submitted his surety bond and also got recorded his statement. On dismissal of appeal, the learned executing Court issued notice to the Respondent No. 1 for making payment of decretal amount as Respondent No. 2/ judgment debtor refused to satisfy the decree, but he denied and filed an application for withdrawal of his surety bond; said application was contested by the petitioner/decree holder, which was dismissed vide order dated 23.01.2014; against which a revision petition was preferred which was ultimately allowed vide impugned order dated 27.02.2014; hence, this writ petition. 2. Learned counsel for the petitioner…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492