Law: Civil Procedure Code (V of 1908)

Section: 145

Law: Family Courts Act, 1964

Section: 17A

Civil Procedure Code (V of 1908)--- ----S.145---Family Courts Act (XXXV of 1964), S.17A---Enforcement of liability of surety---Scope---Order of family court discharging the surety from further liability was set aside by the appellate court---Decree passed by the family court provided for payment of certain amount per month from the institution of the suit till their legal entitlement---Wording of decree had no uncertainty contained therein---Surety bond was tendered upon filing of the first execution petition and by then liability was of Rs.78,000/-, however, second part of the surety bond was also not ambiguous and its plain reading lead to no other meaning but that the petitioner (surety) held himself responsible for the entire decreed amount and offered his property, mentioned in the surety bond, to be sold/auctioned, in case of default of the decree by -debtor---No ambiguity was found in the undertaking given in the surety bond that might be required to be resolved in favour of the petitioner or needed any benefit to be given to the petitioner---Stipulation(s) and / or words in surety-bond must be read in their ordinary meaning and when words contained therein are unambiguous, there is no reason to apply any other to its construction---Constitutional petition was dismissed, in circumstances. Chaganti Veerasalingam v. Mallampalli Subbarayudu and others AIR 1937 Madras 229; Firm Mukat Behari Lal Tejpal v. Khushi Ram and others AIR 1935 Lah. 21; Karimbhai v. Hatimbhai PLD 1994 Kar. 311 and Manik v. Haji Lakhano PLD 1967 Kar. 155 ref. JUDGMENT SULTAN TANVIR AHMAD, J.----Through the present petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the judgment dated 30.05.2022 passed by learned Additional District Judge, Multan, whereby, order dated 17.09.2021 passed by learned Judge Family Court, Multan has been set-aside. 2. Facts, necessary for the disposal of the present petition, are that petitioner filed surety bond dated 16.11.2017 before the learned Family Court, Multan and rendered himself liable for payment under decree dated 06.09.2016, passed under section 17(A) of the Family Courts Act,…

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