Law: Family Courts Act, 1964

Section: 5,Sched,13

Law: Family Courts Act, 1964

Section: 5,Sched,13

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched. & S.13---Constitution of Pakistan, Art.199---Constitutional petition---Execution of decree---Issuance of non-bailable warrants of arrest against special attorney of -debtor---Petitioner as special attorney of ex-husband used to appear before the Trial Court---Petitioner had never undertaken to pay the decretal amount to ex-wife of -debtor in the event of decree in her favour---Validity---Suit was decreed against 'N' the ex-husband---Mere pursuance of a case by an attorney did not warrant such a harsh and punitive action as was resorted to by the Executing Court---Execution petition was instituted against -debtor with no mention of the petitioner in the same---Order of Executing Court against the attorney (petitioner) was without lawful authority and jurisdiction---Constitutional petition was allowed. Haji Muhammad Shakeel for Petitioner. Ahmed Ali Khan for Respondents. Date of hearing: 5th March, 2013. JUDGMENT QAISER RASHID KHAN, J.---Through the instant petition, the petitioner has called in question the judgments and orders dated 27-5-2011, 27-7-2011 and 29-7-2011 of the learned Judge Family Court/Civil Judge-IX, D.I. Khan whereby non-bailable warrant of arrest was issued against the petitioner and he was directed to pay the decretal amount to the respondents Nos.1 to 3/decree-holders. 2. Learned counsel for the petitioner argued that the impugned judgments and orders of the learned court are against the settled principles of law and without jurisdiction; that neither the petitioner was defendant in the main suit nor for that matter judgment-debtor in the execution petition before the learned executing court as he was only pursuing the case as a special attorney on behalf of the judgment-debtor namely, Nadeem that the respondents Nos.1 to 3/decree-holders had filed an execution petition only against the judgment-debtor namely, Nadeem, but the learned executing court in excess of jurisdiction, proceeded against the petitioner so much so that a non-bailable warrant of arrest was issued against him and he was even confined in a judicial lock-up till he was bailed out and, therefore, the…

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