Law: Civil Procedure Code (V of 1908)

Section: 50 , 58 , 199

Civil Procedure Code (V of 1908)--- ----S. 50 & O.XXI, R.58---Constitution of Pakistan (1973), Art.199--Constitutional petition---Attachment of property purchased and owned by legal heirs of the judgment-debtor---Decree-holder sought attachment of such property and attachment was refused by Trial Court---Validity---Legal representatives could be joined as defendants and a decree could be passed or executed against a legal representative to the extent of deceased's property---Where nothing had come into the hands of any heir, then such a person could not be termed as legal representative and could not be sued for such a claim against the deceased debtor nor a decree passed against such judgment-debtor be executed against him-- Order of Trial Court was eminently just and correct and there was no jurisdictional defect in the same. Karan Singh v. Ram Sahai and another AIR 1941 All. 41; Muthiah Chetti v. Palaniappa Chetti and others AIR 1928 PC 139; Mahomed Mohideen Pillai Tara and another v. Animal AIR 1939 Mad. 793; Lachhman Singh v. Firm Dasuandhi Ram Babu Ram AIR 1938 Lah. 16; Jodh Singh v. Nizam Din and another AIR 1930-Lah. 332 and Messrs Industrial Development Bank of Pakistan v. Mst. Roqaiya Begum and others 1986 CLC 1592 ref. M. Sharif Chohan for Petitioner. M. Iqbal for Respondents. Date of hearing: 13th January, 1999. JUDGMENT The petitioner instituted a suit for recovery of Rs.12,68,00,000 against the predecessor-in-interest of the respondents who expired during pendency of the suit and the present respondents being his legal heirs -were brought on   the record as party. The suit of the petitioner was dismissed by the learned trial court on the ground that the same was hit by section 10 of the Money Lenders Ordinance, 1960. The petitioner filed an appeal before this Court bearing R.F.A. No.228 of 1985 and on the application moved by the petitioner, this Court attached the Gold Chain Making machines numbering 20 belonging to respondent No. l but as the same were not traceable the case was remanded and ultimately was decreed on 19-1-1997 to the extent of Rs.12,68,00,000. Thereafter, the petitioner filed an application for execution against the…