Case Details

Citation(s)
2021 SLG 257 2021 SLD 257 2021 PLJ 40
Lahore High Court
W.P. No. 69574 of 2020, decided on 1.1.2021, Date of hearing: 1.1.2021.
MUZAMIL AKHTAR SHABIR, J.
Mirza Kazim Ali Baig, Advocate for Petitioner. Mr. Nasrullah Khan Babar, Ch. Muhammad Shahid Iqbal, Ch. Muhammad Naseer and Faisal Anwar Minhas, Advocates. (Amici curiae).

JABRAN MUSTAFA

VS

JUDGE FAMILY COURT ETC.--RESPONDENTS

Law: Constitution of Pakistan, 1962

Section: 199

Law: Family Courts Act, 1964

Section: 14

Constitution of Pakistan, 1973--

----Art. 199--Constitutional petition--Attorney of debtor--Execution proceedings--Non-service of warrants of arrest of debtor--Issuance of arrest warrants of petitioner--Application for cancellation of warrants--Dismissed--Issuance of non-bailable warrants--Maintainability--Challenge to--It is observed that it is not a case wherein warrants of arrest have been simplicitor issued against petitioner for this Court to treat same as an interlocutory order to look into its legality rather in present case vide impugned order executing Court while dismissing petitioners application for cancellation of warrants of arrest, issued against him, has refused to recall its earlier order by application of its mind to facts of matter pending before it. [P. 41] A

Family Courts Act, 1964--

----S. 14--Objection petition--Final decision--Appealable order--A decision given on afore referred application/objection petition of petitioner against execution of decree, hence, amounts to a final decision, therefore, said order is appealable before appellate Court in terms of Section 14 of Family Courts Act, 1964.     [P. 41] B

Order

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 Respondent Nos. 2 to 5/decree holders, has called in question orders dated 21.10.2020 and 09.12.2020 respectively, whereby due to non-service of warrants of arrest of the judgment debtor, at the request of the decree holders/respondents, warrants of arrest of the present petitioner in execution proceedings of decree passed by the Judge Family Court have been issued and the application of the petitioner for cancellation of warrants of arrest against him has been dismissed and he has been summoned through non-bailable warrants to appear in said Court on 04.01.2021.

2. It is contended by the learned counsel for the petitioner that as the petitioner was neither a judgment debtor nor stood as surety or guarantor for him, therefore, issuance of warrants of his arrest, initiating recovery proceedings against him were not justified.

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