Law: Code Of Civil Procedure, 1908.

Section: O.XXI R. 98

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code, 1908 (V of 1908)-- ----O.XXI R. 98--Constitution of Pakistan, 1973, Art. 199--Execution of decree--Warrant of possession--Obstruction by judgment debtor--Bail report--Registration of FIR--Executing Court in instant case instead of holding any inquiry only relied upon report of bailiff and passed impugned order which was not sustainable in any manner-- Court even did not record statement of bailiff in order to verify report submitted by him and passed impugned order on basis s thereof--SHO concerned was also directed to provide police aid to bailiff so that execution thereof can be executed without there being any unpleasant incident--However, while passing impugned order learned executing Court did not even bother to summon SHO concerned or call for his report in order to satisfy itself about correctness or otherwise)--Of report of bailiff and passed order impugned herein, which is not sustainable in eye of law--It is a settled principle that a Judge has to be very cautious and should examine report of bailiff and scrutinize same deeply and not cursorily before passing any order--Petition accepted.                                                                                            [Para 5, 7 & 8] A, B & C Mr. Muhammad Rafiq Malik, Advocate for Petitioner. Mr. Makhdoom Kaleem Ullah Hashmi, A.A-G for Respondents. Date of hearing: 1.11.2022. Judgment Through the instant writ petition, the petitioner has assailed the legality and validity of the order dated 26.07.2022, whereby the learned Civil Judge ordered for registration of an FIR against the judgment debtor, who according to report of the bailiff obstructed in the execution of warrants of possession.…