Law:

Section:

(a) Islamic law--- ----Marriage---Dower, increase in---Scope---Dower could be fixed before marriage and at the time of marriage or thereafter---Furthermore, dower once settled could always be increased subsequently by the husband or by an agreement between the parties---Property mentioned in nikahnama as dower could not be subjected to attachment or sale in execution. Principles of Mohammadan Law by DF Mulla (Pakistan Edition); Mahommedan Law Vol. II (Containing the Law Relating to Succession and Status Compiled from Authorities in the Original Arabic) by Syed Amir Ali; Hedaya (2nd Edition Vol. 1, page 45) Commentary on the Muslim Law; Mian Aziz A. Sheikh v. The Commissioner of Income Tax Investigation, Lahore PLD 1989 SC 613 and Ameer Ali Khan v. Kishwar Bashir and another PLD 2004 SC 746 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XXXVII---Summary suit---Execution proceedings---Attachment of immoveable property---Immoveable property of -debtor attached in execution of the decree in favour of plaintiff---Objection by wife of -debtor that such immoveable property formed part of her dower mentioned in the Nikahnama and hence could not be attached in execution proceedings---Validity---Immoveable property subjected to the execution proceedings was mentioned in the Nikahnama of -debtor as dower---Decree could not be executed against such immoveable property---Petition for leave to appeal was dismissed accordingly. (c) Islamic law--- ----Marriage---Dower---Property mentioned in Nikahnama as dower could not be subjected to attachment or sale in execution proceedings. THIS JUDGMENT DELIVERED BY: SH. AZMAT SAEED, JUSTICE:----------------- This Civil Petition for Leave to Appeal is directed against the Judgment dated 19.02.2016 of the learned Lahore High Court, Multan Bench, whereby F.A.O. No.159 of 2010, filed by the present petitioner, was dismissed. 2. The brief facts necessary for adjudication of the lis at hand are that Respondent No.1 filed a Suit for recovery of Rs.1,48,50,000/- against Respondent No.2 under Order XXXVII, C.P.C. on the basis of four cheques issued by Respondent No.2 in favour of Respondent No.1, The Suit was decreed. Such decree has…

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