2002 PLP 1228 (CLC)
Mst. SHAHIDA ALI ‑‑‑ Plaintiff Versus KARACHI ROAD TRANSPORT CORPORATION through Chairman and another‑‑‑‑Defendants
| Citation | 2002 PLP 1228 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Mushtaq Ahmed Memon, J |
| Parties | Mst. SHAHIDA ALI ‑‑‑ Plaintiff Versus KARACHI ROAD TRANSPORT CORPORATION through Chairman and another‑‑‑‑Defendants |
| Primary Law | Fatal Accidents Act (XIII of 1855)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 1228 (CLC)?
This judgment primarily cites: Fatal Accidents Act (XIII of 1855)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1228 (CLC)?
The case was heard and decided by the Karachi bench comprising: Mushtaq Ahmed Memon, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1228 (CLC) (Mst. SHAHIDA ALI ‑‑‑ Plaintiff Versus KARACHI ROAD TRANSPORT CORPORATION through Chairman and another‑‑‑‑Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑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 judgment‑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 judgment‑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. Nasir Maqsood for Plaintiff.
Judgment & Decree
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 judgment‑debtors have deliberately been avoiding execution of the writ of attachment and the attached property namely the three buses have now been placed at the disposal of Chairman, Sindh Privatization Committee, Sindh Secretariat Barrack No.15, Court Road, Karachi alongwith all other buses, light vehicles, spare parts and machinery etc. of the judgment‑debtors. The notice published in daily Dawn, dated 16‑11‑1997 has been filed alongwith this application to show that all the buses etc. belonging to the judgment‑debtors are to be auctioned on November, 25‑27, 1997. Mr. Nasir Maqsood states that the three buses which are subject‑matter of attachment, have also been put for auction, as above. In my view order of attachment necessarily involves restraint against transfer of the attached property by virtue of principle contained in section 64, C.P.C. and further order of restraint is not required to be passed. Mr. Nasir Maqsood while conceding the said position makes an oral motion for issuance of writ of attachment in terms of Order 21, rule 52, C.P.C. and for the same being directed to the Chairman, Sindh Privatization Committee. In the circumstances, issue writ of attachment in terms of Order 21, rule 52, C.P.C. The Incharge, Motor Registration, Excise and Taxation Authority, Civic Centre, Karachi, is directed not to effect any mutation or permit change of ownership in respect of the three buses mentioned hereinabove until further orders of the Court. Let notice of the application issue to the judgment‑debtors for a date in office. H.B.T./S-200/K Order accordingly.