| Citation(s) |
|---|
| 2005 SLG 784 2005 SLD 784 2005 MLD 1575 |
Sindh High Court
Suit No.428 of 2005, C.M.As. Nos. 2199, 2200 of 2005, decision dated: 4-04-2005
ATA-UR-REHMAN, J
Aamir Maqsood for Plaintiff
Suit No.428 of 2005, C.M.As. Nos. 2199, 2200 of 2005, decision dated: 4-04-2005
ATA-UR-REHMAN, J
Aamir Maqsood for Plaintiff
MUHAMMAD SALAHUDDIN
VS
TOOR KHAN and
Law:
Section:
[Fatal Accidents Act (XIII of 1855)]........S 1---Fatal accident---Suit for recovery of amount of compensation---Application for attachment of Truck---Plaintiff by his application had sought attachment of Truck of defendants apprehending that likelihood existed that defendants could. remove it from jurisdiction of the Court concerned to frustrate decree, if any passed in suit---Plaintiff had apprehended that by the time suit was decreed, Truck in question could have changed many hands and third party interest could be created---Submission of plaintiff was that Truck in question was the only tangible asset belonging to defendants which was known to plaintiff and in case defendants succeeded in removing same from jurisdiction of the Court, there would remain nothing for him to seek realization of decretal amount, if any---In view of said apprehension, as an interim arrangement, notice was issued to defendants and S.H.O. concerned was directed to attach/seize Truck in question and continue to detain the same safely at the police station till further order of the Court---Excise and Taxation Officer, Motor Registration Wing was also directed not to transfer Truck in favour of any third party till further orders. ORDER 1. C.M.A. No.2199 of 2005. Granted. 2. C.M.A. No.2200 of 2005. By this application, learned counsel for the plaintiff seeks attachment of Truck No.LSA-5735 as according to him there is likelihood that the defendants may remove it from the jurisdiction of this Court to frustrate the decree, if any, passed in this suit. He further contends that as per. prevailing…
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