Law: Family Courts Act, 1964

Section: 5,13

Law: Constitution of Pakistan, 1973

Section: 199

Family Courts Act (XXXV of 1964) Ss.5, Sched., 13 14Constitution of Pakistan, Art. 199Constitutional petitionMaintainabilityExecuting CourtObjection petition, dismissal ofFinal decisionScopeExecuting Court , in wake of nonservice of warrants of arrest of the debtor, issued warrants of arrest of the petitioner, who was brother/attorney of the debtor invoked constitutional jurisdiction of the High Court contending that his application for cancellation of warrants of his arrest was wrongly dismissed by the Executing Court and he was summoned through nonbailable warrants to appear in the said CourtHeld, that petitioners case was not a case wherein warrants of arrest against him had simpiliciter been issued for the High Court to treat the same as an interlocutory order to look into its legality, rather vide impugned order the Executing Court, while dismissing the application of the petitioner for cancellation of warrants of arrest issued against him, had refused to recall its earlier order of issuing warrant of arrest against himExecuting Court had applied its mind to the facts of the matter before itImpugned order (of the dismissal) was a decision given on petitioners objection petition (application for cancellation of warrants of arrest issued against him) against the execution of decree, hence the same amounted to a final decision , which was appealable before the Appellate Court in terms of S.14 of the Family Courts Act, 1964Appellate Court could take into consideration the facts of the case of petitionerConstitutional petition, was not maintainable in view of availability of alternate remedy before the Appellate CourtConstitutional petition was dismissed, in circumstances. Muhammad Pervez v. Mst. Nabila Yasmeen and 2 others 2004 SCMR 1352 and Rahim Bukhsh v. Mst. Shehzadi and others 2018 CLC 1789 ref. ORDER MUZAMIL AKHTAR SHABIR, J. Through this constitutional petition, the petitioner, who is the brother and was attorney of the judgment debtor (Ghulam Murtaza) in the family suit filed by respondents Nos. 2 to 5/decree holders, has called in question orders dated 21.10.2020 and 09.12.2020 respectively, whereby due to nonservice of warrants of arrest of the…

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