Law:

Section:

Civil Procedure Code (V of 1908) S. 51 & O.XXI, R.37 Execution of decree Warrant of arrest, issuance of Pre conditions Banking Court refused to withdraw the warrant of arrest on the ground that the property mortgaged by debtor could not be auctioned Plea raised by the debtor was that the Banking Court had issued warrant of arrest without justification Validity Pre conditions under S.51 C.P.C. for issuance of warrant of arrest were that debtor should be proved to have made attempt to leave the limits of Court to obstruct the decree of execution thereof or dishonestly transferred the property after the institution of the suit to avoid the decree or had the means to pay the decree and neglected to do the same ¬Without satisfaction of said pre conditions no mechanical order for detention in prison could be passed Property mentioned in Fard Taleeka filed by decree holder bank was sufficient to satisfy the decree Banking Court had issued the warrant of arrest without any justification and the same was set aside Appeal was allowed in circumstances. Precision Engineering Limited and others v. The Grays Leasing Limited PLD 2000 Lah. 290 rel. JUDGMENT SYED SAKHI HUSSAIN BOKHARI, J. This appeal is directed against the order dated 15 11 2003 passed by learned Judge Banking Court No.1, Gujranwala whereby application brought by appellants for recalling order for issuance of warrant of arrest was rejected. 2. Relevant facts for the disposal of this appeal are that respondent Bank filed a suit for recovery of Rs.48,19,411 against the appellants and the same was decreed vide judgment dated 26 8 2002. The judgment-debtors failed to pay decretal amount, therefore, decree holder Bank filed execution petition and learned Court below passed order for auction of the property mortgaged by judgment debtors. However, auction could not be completed. Then notice under Order XXI, rule 37, C.P.C. was issued to judgment debtors and learned Executing Court issued warrants of arrest against the appellants. The appellants appeared before trial Court and filed application for recalling order for issuance of warrants of arrest. The respondent contested said application and after hearing the…

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