Law: Contempt of Court Ordinance, 2003

Section: 2(a),3,5

Law: Civil Procedure Code (V of 1908)

Section: 38

Contempt of Court Ordinance (IV of 2003)--- ----Ss.2(a), 3, 5---Civil Procedure Code (V of 1908), S.38, O.XXI---Contempt proceedings, validity of---Execution of decree---Scope---Petitioner impugned order of Trial Court whereby upon application of plaintiff / decree-holder for initiation of contempt proceedings against petitioner, the petitioner was directed to comply with decree of Trial Court---Validity---Tool of contempt could not be used as substitute for execution and implementation of and decree of Trial Court and impugned order was therefore not sustainable---Impugned order was set aside---Constitutional petition was allowed, in circumstances. Saeeda Sultan v. Liaqat Ali Orakzai and others PLD 2021 SC 671 rel. Mian Khurram Hashmi for Petitioner. Muhammad Suleman Bhatti and Iftikhar Majid for Respondents Nos.1 to 3. Muhammad Javaid Iqbal Adum for Respondent No.4. hearing date: 10th September, 2021. JUDGMENT ANWAAR HUSSAIN, J.----Through the present constitutional petition, the petitioner bank has challenged the order dated 30.11.2020 passed by learned Civil Judge 1st Class, Multan on application for contempt of Court filed by respondents Nos.1 to 3 wherein the petitioner bank has been directed to comply with the judgment dated 16.07.2019 and handover the valuables contained in the locker which was jointly owned by Qazi Javaid Iqbal and his wife Nargis Chaudhry to respondents Nos.1 to 4 and revision petition filed by the Bath has been dismissed vide judgment dated 24.03.2021 passed by learned Additional District Judge, Multan. 2. It is the case of respondents Nos.1 to 4 that the deceased Nargis Chaudhry was issueless and they are her real sisters and hence, in furtherance of decree dated 16.07.2019, petitioner bath was obligated to handover the valuables contained in the locker maintained with bank by deceased Nargis Chaudhry and her husband. 3. Learned counsel for the petitioner submits that the learned courts below have erred in passing an order in contempt petition directing the Bank to execute the decree and judgment…

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