Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,Rr.2,3

(a) Civil Procedure Code (V of 1908)--.-- --.--O. XXXVII, Rr. 2 & 3--.--Summary suit--.--Execution petition--.--Objection--.--Additional dower--.--Scope--.--Executing Court attached property of -debtor--.--Contention of applicant was that she had entered into marriage with the -debtor and property in question (attached property) had been given to her against dower--.--Objection petition was dismissed by the Executing Court--.--Validity--.--No concept of additional dower existed--.--Dower in question was allegedly settled after almost four years of the marriage--.--Spouses could exchange gifts during their matrimonial life but such gifted property could not be given the status of "dower"--.--Judgment-debtor had not finally transferred the property in question in favour of applicant--.--Applicant had filed a suit for recovery of her dower and till its final conclusion she could not claim to be having any lien over such property--.--Applicant could not frustrate the proceedings of execution of decree granted in favour of respondent--.--Appeal was dismissed in circumstances. Ashiq Ali and others v. Mst. Zamir Fatima and others PLD 2004 SC 10; Mst. Tahira Begum v. Federal Land Commission, Islamabad and 5 others 1983 CLC 663; Wali Dad v. Mst. Tasneem Kausar and another 1999 CLC 163 and Inayat Ullah v. Mst. Parveen Akhtar 1989 SCMR 1871 ref. (b) Islamic law--.-- --.--'Dower'--.--Meaning--.--Dower was a consideration on the basis of which a Muslim man and woman entered into a marriage contract. (c) Islamic law--.-- --.--"Dower"--.--Additional dower--.--Exchange of gifts during matrimonial life between spouses could not be given status of "downer"/Additional dower. THIS JUDGMENT DELIVERED BY: IBAD-UR-REHMAN LODHI JUSTICE:---.--- With the concurrence of learned counsel for the parties, the hearing of this appeal is being treated as pacca hearing. 2. In fact, whole controversy revolves around a decree granted by the learned Additional District Judge, Multan, on 26.02.2010, passed in Civil Suit No.59/I of 2009, filed under Order XXXVII, C.P.C., on the basis of four cheques for the recovery of Rs.1,48,50,000/-. The judgment-debtor was Mohammad Hassan Ahmad Qureshi,…

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