| Citation(s) |
|---|
| 2002 SLG 1661 2002 SLD 1661 2002 CLC 1228 |
Sindh High Court
Suit No-676 of 1987, Civil Miscellaneous Applications Nos.2306 and 2307 of 1997, decision dated: 21st November, 1997
MUSHTAQ AHMED MEMON, J
Nasir Maqsood for Plaintiff
Suit No-676 of 1987, Civil Miscellaneous Applications Nos.2306 and 2307 of 1997, decision dated: 21st November, 1997
MUSHTAQ AHMED MEMON, J
Nasir Maqsood for Plaintiff
Mst. SHAHIDA ALI
VS
KARACHI ROAD TRANSPORT CORPORATION through Chairman and
Law: Fatal Accidents Act, 1855
Section: 1
Law: Civil Procedure Code (V of 1908)
Section: 64,52
[Fatal Accidents Act (XIII of 1855)]......S 1---Civil Procedure Code (V of 1908), S.64 & O.XXI, R.52---Suit for compensation---Execution of decree---Application for issuance of writ of attachment---Writ of attachment issued by Court remained unexecuted---Decree-holder pointed out that -debtors who was deliberately avoiding execution of writ of attachment, had placed attached property, which were three buses, at disposal of Authority concerned to be auctioned---Decree-holder sought order of restraint prohibiting -debtor from transferring or charging or creating third part), interest to respect of attached buses---Order of attachment already issued involved restraint against transfer of attached property by virtue of principle contained in S.64, C.P.C. and further order of restraint was not required to be passed---Court, however, on oral motion of decree-holder issued writ of attachment in terms of O.XXI, R.52, C. P. C. directing- the Incharge Motor Registration, Excise and Taxation Authority not to effect any mutation or permit change of ownership in respect of attached three buses; until further orders of the Court. ORDER 1. Granted. 2. By this application, the decree-holder has sought order of restraint prohibiting the judgment-debtors from transferring or charging or creating third party interest in respect of buses bearing Registration No.JA-6886, JA-6832 and JA-6893 owned by the judgment-debtor No. 11 with further direction to the Incharge, Motor Registration Wing, Excise and Taxation Department. Civic Centre, Karachi, not to effect any transfer of the abovementioned buses till satisfaction of the decree, execution whereof has been sought in the present proceedings. Writ of attachment was ordered to issue in the present matter on 25-4-1996 but the writ of attachment has so far remained unexecuted. The learned counsel for the decree-holder: has pointed out from the record that the…
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