Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXI, R.40(4), Ss.55 & 115---Judgment-debtor was released on furnishing security bond on grounds of ill-health and having become destitute---Contention was that -debtor should be detained for a period of one year as provided by S.55, C.P.C.---Validity---One year simple imprisonment being the maximum period under S.55, C.P.C., Executing Court had discretion to fix detention of -debtor under O.XXI, R.40(4), C.P.C.---Executing petition being still pending, decree-holder could seek remedy before Executing Court---No illegality or material irregularity having been committed in the impugned order, petition was dismissed in circumstances. JUDGMENT Through this revision petition Messrs United Distributors Pakistan Ltd. challenged the legality of order, dated 10-4-1997 passed by the Senior Civil Judge, Bahawalpur, whereby he released the judgment-debtor. 2. The brief facts giving rise to this revision petition are that a money decree was passed by the High Court of Sindh at Karachi in Civil Suit No.373 of 1991 in favour of the petitioner and against the respondent. An Execution Petition No. Nil of 1995 was filed and the decree alongwith certificate of non-­satisfaction of decree was transferred to the District Judge, Bahawalpur, under section 39, C.P.C. Consequently, an execution application was filed in the Court of District Judge, Bahawalpur and finally Abdul Majeed Ghala, the sole proprietor of Madina Traders (judgment-debtor) was arrested and detained in the prison. An application was moved by the said judgment-debtor for his release on the ground of his ill-health and having become destitute. It was also alleged that the petitioner had no movable or immovable property to satisfy the decree. The application was finally accepted…

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