Law: Civil Procedure Code (V of 1908)

Section: 51

(a) Civil Procedure Code (V of 1908)--S.51---Execution of decree---Detention of -debtors---Pre-requisites---Detention of -debtors in execution of decree cannot be ordered unless and until pre-requisites of S.51, C.P.C. viz. the -debtor is likely to abscond or leave the local limits of jurisdiction of the Court; to obstruct the decree has transferred the property; the -debtor has no means to pay the amount of decree and refuses or neglects to pay and that the decree is for a sum for which the -debtor is bound in a fiduciary capacity to account to the satisfaction of the Executing Court, are proved. Ghulam Hussain v Riaz Ahmed 1987 CLC 1227; Munsif Dad v. WAPDA PLD 1991 AJK 8; Muhammad Nawaz v. Barkat Ali PLD 2004 Lah. 21; Syed Shaffat Hussain v. Kamran Khokhar 2000 MLD 801; Precision Engineering Ltd. and others v. The Grays Leasing Limited PLD 2000 Lah. 290 and Muhammad Anwar v. Shaukat Ali and another 2000 CLC 1086 rel. (b) Financial Institutions (Recovery of Finances) Ordinance (XL VI of 2001)--- ----S. 19---Civil Procedure Code (V of 1908), S.51 & O.XXI, R. 37---Execution of decree---Detention of -debtors-Banking Court in execution of decree passed in favour of bank had issued warrants of arrest against -debtors on the basis of affidavit filed by bank---Validity---Banking Court while issuing warrants of arrest of -debtors, had completely ignored the law---Banking Court, instead of adhering to the provisions of proviso to S.51, C.P.C. and in complete oblivion of the law on the subject, proceeded to issue warrants of arrest of -debtors only on the basis of affidavit-Judgment-debtors were not provided any opportunity to contradict the contents of affidavit---Without satisfaction of conditions laid down in S.51, C.P.C., no mechanical order for detention of -debtor in prison could be passed---Order of issuance of warrants of arrest of -debtors was not sustainable in law and the same was set aside---Appeal was allowed accordingly. (c) Affidavit--- ----Admissibility of affidavit-Procedure-Affidavit, ipso facto, is not admissible in evidence and its contents cannot be accepted without cross-examination of deponent. ORDER Instant appeal, filed by the…

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