| Citation(s) |
|---|
| 2026 SLD 3248 |
Writ Petition No.31402 of 2026.
Presented By: (MALIK WAQAR HAIDER AWAN) JUDGE (AHMAD NADEEM ARSHAD) JUDGE
Date of hearing: 01.07.2026. Petitioner by: M/s Ghulam Fareed Sanotra and Mian Shah Abbas, Advocates.
Respondents by: Mian Dilbar Hussain Shakir, Advocate.
Naseer Ahmad Nasir.
VERSUS
Ali Sher, etc.
Law: Constitution of Pakistan 1973
Section: 199
Law: Code Of Civil Procedure, 1908.
Section: 51, 151, 37, 40
Tagline
A judgment-debtor cannot be detained in civil prison for non-payment of a money decree unless the Executing Court first conducts the mandatory inquiry under Section 51 and Order XXI Rule 40 CPC and records reasons based on evidence.
Summary
The petitioner challenged the order dated 13.05.2026 whereby the Executing Court committed him to civil prison for failure to satisfy a money decree of Rs.28 crore arising from a damages suit.
The petitioner contended that his detention was unlawful because the Executing Court failed to conduct the mandatory inquiry required under Order XXI Rule 40 read with Section 51 of the Code of Civil Procedure, 1908 (CPC). It neither recorded evidence nor determined whether any statutory ground existed for his detention.