Law: Civil Procedure Code (V of 1908)

Section: S.51,O.XXI,R.37

Civil Procedure Code (V of 1908)--- ----S. 51 & O. XXI, R. 37---Execution of decree---Arrest of -debtor---Principle---Judgment-debtor was aggrieved of warrants of arrest issued against him by Executing Court to satisfy decree passed in favour of Bank---Validity---Judgment-debtor himself offered decree-holder Bank to sell his hypothecated two vehicles for satisfaction of remaining part of decree---Judgment-debtor was not given proper opportunity to defend or plead his case before Executing Court in response to notice under O. XXI, R. 37, C.P.C.---Executing Court instead of initiating proceedings of auction of hypothecated property of -debtor by way of auction/sale resorted directly issue warrants of arrest of -debtor and same was not justified---Tendency of adopting such coercive measures was deprecated by High Court---Passing such order against -debtor without first proceeding for disposal of his movable or immovable property was against mandate of law and procedure on subject---High Court set aside warrants of arrest as Executing Court passed order in question against legislative intent and mandate of law---Appeal was allowed in circumstances. Mirza Shahid Baig v. National Bank of Pakistan and 8 others 2002 CLD 623 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD FARRUKH IRFAN KHAN, J.--- Through the instant appeal the appellant has assailed the order dated 15.7.2013 whereby his application seeking suspension of his warrants of arrest through order dated 7.3.2013, has been dismissed by the learned Executing Court/Banking Court No.1, Faisalabad. 2. Learned counsel for the appellant submits that the impugned order is contrary to the law and facts on record; that the learned Judge Banking Court while passing the impugned order has not taken into consideration that as per settlement between the decree holder-Bank and the appellant/judgment debtor only an amount of Rs.100,000/- was outstanding which could be even recovered by auction of the two trucks belonging to the judgment debtor/appellant which are retained by the decree-holder Bank; that besides the said two trucks the appellant had also furnished surety bond of land measuring 13 kanals 5 marlas 7 sq.ft on…

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