Law: Civil Procedure Code (V of 1908)

Section: 145

Law: Contract, Act, 1872

Section: 128

Civil Procedure Code (V of 1908)--- ----S.145---Contract Act (IX of 1872) S.128---Contracts of guarantee/surety---Enforcement of liability of surety---Nature of suretys liability---Adjudication by Executing Court---Scope impugned order of Executing Court whereby appellants property was ordered to be attached on ground that he had stood surety for -debtor---Contention of appellant, inter alia, was that no notice was served upon him by Executing Court and impugned order was therefore defective---Validity---While appellant claimed that no notice was served upon him by Executing Court, however, appellant had filed revision against orders of Executing Court before his property could be auctioned, which matter remained pending for many months and sufficient opportunity was therefore provided to him to produce -debtor for satisfaction of decree, or in case of default, clear outstanding labilities and thus any non-provision of notice by Executing Court was cured by hearings provided by revisional court and High Court in appeal ----Liability of surety was coextensive with that of -debtor unless provided otherwise by contract and thus no illegality existed in impugned order---Appeal was dismissed, in circumstances. Muhammad Rafiq and others v. Ralley Khan through legal heirs 1989 MLD 3823; Rafique Hazquel Masih v. Bank Alfalah Ltd. and others 2005 SCMR 72; Industrial Development Bank of Pakistan v. Hyderabad Beverage Company Private Limited and others 2016 SCMR 451 and Messrs Platinum Insurance Company Limited, Karachi through Managing Director v. Daewoo Corporation, Shaikhupura through Director, Administration and Finance PLD 1999 SC 01 rel. ORDER MUZAMIL AKHTAR SHABIR, J.--- Through this appeal, the appellant/surety has called in question order dated 27.09.2017 passed by executing court whereby his property was ordered to be auctioned in execution of decree passed in a suit for recovery of Rs.5,00,000/- filed by Muhammad Tariq/respondent No.1/decree holder against Ehsan Elahi/respondent No.2/judgment debtor for whom the appellant stood as surety and has further called in question the order dated 26.06.2018 passed by ADJ, Chishtian whereby the appeal/revision filed by…

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