Law:

Section:

Civil Procedure Code (V of 1908)--- ---O. XXI, R. 58---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Attachment of property---Execution proceedings---Sale of attached property---Objections---Scope---Judgment debtor failed to pay decretal amount and sale proclamation was directed to be issued---Petitioner moved an application that property in question was owned by him but same was dismissed by the Executing Court---Validity---Order with regard to attachment of property had attained finality---Application filed by the petitioner to become party in the execution proceedings was rightly dismissed; he had not challenged any of the orders before the forum provided under the law---Petitioner had deposited the decretal amount when executing court was about to issue proclamation and thereafter challenged the order of deposit which was voluntarily made by him before the Executing Court---No good cause for interference with the order of executing court, by High Court had been made out---Petitioner had failed to give any plausible explanation for skipping the forum to challenge such orders and directly approaching the High Court---Constitutional petition was dismissed in circumstances. ORDER SAJJAD ALI SHAH, J.---The petitioner has impugned orders dated 2-2-2011, 14-3-2011 and 15-3-2011 passed by the learned IVth Senior Civil Judge, Karachi East, in Execution No.23 of 2006 whereby (1) sale of the attached property was directed, (ii) the petitioner's application under Order XXXIX Rules 1 and 2, C.P.C. to stay the sale of attached property was rejected and (iii) the cheque deposited by the petitioner for Rs.229,100 i.e. the balance decretal amount was directed to be deposited in Government account. When this petition was taken up for hearing in the morning, we had asked the counsel for the petitioner to explain as to how the orders passed by the learned IVth Senior Civil Judge, Karachi East, could be directly challenged before a Division Bench of this Court without exhausting remedies as provided under the Code of Civil Procedure, counsel sought time and requested that the hearing be taken up after sometime enabling him to respond to the…

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