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.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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