Law: Civil Procedure Code (V of 1908)

Section: 51,37,40

Civil Procedure Code (V of 1908)--- ----S.51 O.XXI, Rr. 37, 40---Execution proceedings---Arrest and detention of debtor in civil prison---Pre-requisites and scope---Before passing an order for the issuance of warrants for arrest and detention or passing an order for detention/arrest, the court needs to issue a show cause notice (to the -debtor); needs to satisfy itself through an inquiry, and should allow opportunity of evidence to the parties---Unless such preconditions are proved the order for arrest and detention of -debtor cannot be passed. Examination of the provisions of O.XXI, Rr.37 and 40, C.P.C. reveals that where an application for the arrest and detention is made, the court instead of issuing warrant for arrest, may issue a notice calling upon the -debtor to appear on a date specified in the notice and show cause as to why he should not be detained in prison. Where the -debtor appears in the court in pursuance of the notice or is brought before the court after being arrested, the court shall hear the decree-holder, take all such evidence as may be produced by him in support of his application and shall then give -debtor an opportunity of showing cause why he should not be detained in prison. Pending conclusion of inquiry, the court, in its discretion, may order to release the -debtor on furnishing of security to the satisfaction of the court for his appearance, when required, and that on conclusion of inquiry, the court can subject to the satisfaction of provisions of section 51, C.P.C., make an order in respect of detaining the -debtor in prison. Muhammad Arif v. Standard Chartered Bank of (Pakistan) Limited (W.P. No.74940 of 2019); Muhammad Mubeen v. A.B.N. Amro Bank Ltd. through Manager 2015 CLD 1904; Dr. Rauf Ahmed Azhar v. Banking Court No.11, Lahore and 6 others 2007 CLD 964; Aftab Saleem Choudhary and another v. Soneri Bank Limited through Attorneys 2005 CLD 401 and Precision Engineering Ltd. and others v. The Grays Leasing Limited PLD 2000 Lah. 290 ref. Before passing an order for arrest and detention of -debtor, the court shall after due inquiry and affording opportunity of evidence to parties determine that the pre-conditions for the…

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