Law:

Section:

Civil Procedure Code (V of 1908), O. XXI, r.29 and O. XXXIX------ r 1--Question whether principles which govern grant of injunction under O. XXXIX, r. 1 also apply to stay of execution under provisions of . O. XXI, r. 29-Special Leave to Appeal granted by supreme Court -to consider question. M. S. Baqir, Advocate Supreme Court instructed by A. Aziz, Attorney for Petitioner. Nemo for Respondent. Date of hearing : 29th November 1968. ORDER HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from a decision of a Division Bench of the High Court of West Pakistan at Karachi in an appeal from the judgment of a learned Single Judge of the same High Court. The present petitioner who is a dealer in marbles had a cash credit account with the respondent-Bank which was secured by the pledge of certain quantities of the petitioner's stock in trade. The respondent, however, on discovering that the valuation of the said stock as given by the petitioner, was false and fictitious, filed a suit for the recovery of a sum of Rs. 95,860 from the petitioner under the provisions of Order XXXVII of the Code of Civil Procedure. The suit was, after contest, decreed against the petitioner and an appeal there from was dismissed in limine. Thereafter, the respondent in execution of his decree, attached under Order XXI, rule 43, C. P. C. the pledged stock of marbles lying with it. The petitioner then filed another suit against the respondent for the recovery of the stock of marble pledged or in the alter­native, for payment of a sum of Rs. 1,25,697 as the value of the said stock. Along with this suit he also filed an application: for an injunction for restraining tree respondent from proceeding with the execution. The trial Court granted an injunction restraining the respondent from taking any further steps in execution till the decision of the suit filed by the petitioner. In appeal under tile Letters Patent, however, a Division Bench, after fully considering the points urged before it, allowed the appeal and vacated the injunction. The petitioner now seeks special leave to appeal and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492