Law:

Section:

Civil Procedure Code (V of 1908)--- ----S.47---Constitution of Pakistan (1973), Art.199--- Constitutional petition---Maintainability---Execution of decree, objection of---Appellants were required to raise the objections before the Executing Court at the first instance and then to challenge the same before the Appellate Court---Constitutional petition was not maintainable, which was dismissed. ORDER AMIN-UD-DIN KHAN, J.---Through this appeal the appellants have challenged the order dated 25-6-2005, passed by the Executing Court whereby warrant of attachment of the property of the judgment debtor as well as surety has been issued. 2. Brief facts of the case are that respondent No.1 filed a suit for recovery of Rs.80,00,000 against respondent No.2 on 8-3-1999. Rashid Ahmad (deceased) appellant filed surety bond in the trial Court on 14-7-1999 and also made a statement before the Court that in case of decree against the defendant/judgment debtor he will be responsible for the satisfaction of the same. Afterwards the parties to the suit entered into a compromise, compromise deed was written on 1-3-2001, which was presented before the Court, statements of the parties were also recorded by the Court on 22-3-2001 and on the basis of compromise the suit was decreed. Execution petition has been filed. The Executing Court passed the impugned order. At this stage learned counsel for respondent No.1/decree holder raised two preliminary objections: that the order impugned is dated 25-6-2005, whereas the appeal in hand has been filed on 14-2-2012, therefore, it is hopelessly time barred and further that the surety has not approached in the first instance the Executing Court as such this appeal is not maintainable. The basic defence of the appellant is that he was a surety for the execution of the decree and after that the…

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