25/2016 I. A Zafar Hasan Khan & others (Appellant) V/S M/s. Habib Bank Ltd. (Respondent)

Sindh High CourtCivil Law2024

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Omar Sial

25/2016 I. A Zafar Hasan Khan & others (Appellant) V/S M/s. Habib Bank Ltd. (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Omar Sial Order Date: 15-MAR-24

The issuance of warrants in respect of decrees, which were allegedly unaccomplished, is not a routine matter. The case of Abdul Basit Zahid1 and the case of Precision Engineering Ltd.2 speaks volume. In the first case the Division Bench was of the view that Section-51 CPC provides for execution of a decree through arrest and detention of the judgment-debtor and the proviso thereof furnishes certain safeguards against the deprivation of liberty and contemplates that such power can only be exercised under certain given situations. In the instant case, such situations were not considered prior to the issuance of warrants.

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25/2016 I. A Zafar Hasan Khan & others (Appellant) V/S M/s. Habib Bank Ltd. (Respondent)

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