Law: Civil Procedure Code (V of 1908)

Section: 36-74,O.XXI,O.XXXIX

Law: Pakistan Penal Code, 1860

Section: 182,190,228

Law: Criminal Procedure Code (V of 1898)

Section: 195

Law: Contempt of Court Ordinance, 2003

Section: 3,4

Civil Procedure Code (V of 1908)--- ----Ss. 36 - 74 & O. XXI & O. XXXIX---Contempt of Court Ordinance (V of 2003), Ss. 3 & 4---Penal Code (XLV of 1860), Ss. 182 - 190 & 228---Criminal Procedure Code (V of 1898), S. 195---Specific Relief Act (I of 1877), S. 54---Suit for permanent injunction---Dispossession of plaintiff from the suit property---Decree, execution of---Violation of decree or order of the Civil Court---Contempt proceedings, initiation of---Forum---Suit was decreed and execution petition for satisfaction of decree passed in favour of decree-holder was moved but same was dismissed---Decree-holder filed contempt petition against -debtor for violation of order of the Court but same was also dismissed---Validity---Civil Court had power to execute decree against -debtor through arrest, detention, attachment and sale of his property---Civil Court was competent to prosecute any person under O. XXXIX, C.P.C. who had violated any order with regard to temporary injunctions---Any person who had insulted a Judicial Officer while conducting judicial proceedings could be punished under S.228, P.P.C.---Civil Procedure Code, 1908 and Penal Code, 1860 did not provide remedy against any act of -debtor in violation of Court decree---Any person who had violated decree or order of civil Court could be punished under Contempt of Court Ordinance, 2003 by the High Court---Jurisdiction to initiate contempt proceedings for violation of Civil Court decree or order would vest in the High Court---Subordinate Courts were not vested with any such jurisdiction to initiate contempt proceedings---Subordinate Courts had been provided with the jurisdiction to initiate proceedings and convict the persons for interrupting any judicial proceedings or insulting Judicial Officer---Violation of orders, s and decrees of subordinate Courts would amount to contempt of Court but cognizance to initiate contempt proceedings was with the High Court---Allegations contained in the application moved before Trial Court by the petitioner might constitute an offence under Contempt of Court Ordinance, 2003 but subordinate Court had no jurisdiction either to initiate any action against the…

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