2008 PLP 1639 (CLC)
SAIF-UR-REHMAN — Petitioner Versus SARFRAZ AHMAD — Respondent
| Citation | 2008 PLP 1639 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SAIF-UR-REHMAN — Petitioner Versus SARFRAZ AHMAD — Respondent |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2008 PLP 1639 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1639 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1639 (CLC) (SAIF-UR-REHMAN — Petitioner Versus SARFRAZ AHMAD — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zaheer-ud-Din Babar for Petitioner.
- Malik Amjad Pervaiz for Respondent.
- 2. This civil revision was admitted to hearing on 6-8-2008 when Malik Amjad Pervaiz, Advocate, accepted notice for the respondent and the case was fixed for hearing today.
Headnotes / Summary
O. XXXVIII, Rr.5 & 6
Attachment before judgment
Plaintiff filed suit for recovery of money and also sought attachment of properties before judgment
Trial Court, on refusal of service, passed attachment order
Although Trial Court had to call upon the defendant to furnish security or to show cause as to why security be not furnished but the further provision was that in the interregnum a conditional interim order of attachment could be passed
High Court directed the Trial Court to decide the matter in accordance with O.XXXVIII, Rr.5 & 6, C.P.C.
Conditional interim attachment order passed by Trial Court was maintained
Judgment & Decree
MAULVI ANWARUL HAQ, J.
On 3-7-2008 the respondent filed a suit for recovery of Rs.9,89,83,206 against the petitioner. Along with the suit an application was filed under Order XXXVIII, rule 5, C.P.C. for attachment before judgment of the properties mentioned in para.5 thereof. The suit and the application came up before the learned trial Court on 3-7-2008 when the suit was registered and notices were issued to the petitioner for 7-7-2008 through registered post as well as T.C.S. On 7-7-2008 it was noted that the Bailiff has reported refusal. The learned counsel for the respondent was heard and the properties were attached: Notices were issued for 3-9-2008.
2. This civil revision was admitted to hearing on 6-8-2008 when Malik Amjad Pervaiz, Advocate, accepted notice for the respondent and the case was fixed for hearing today.
3. Learned counsel for the petitioner contends that the order has been passed in violation of the provisions of Order XXXVIII, rule 5, C.P.C. inasmuch as a show-cause notice has not been issued to the petitioner to furnish security. Learned counsel for the respondent contends that it was an interim conditional order and the learned trial Court was competent to pass the same. The defect if any is curable by calling upon the petitioner to show cause.
4. I have gone through the available copies of the records. The matter is still at a preliminary stage before the learned trial Court, even a written statement has not been filed. In fact, the next date after the said order is 3-9-2008. I have also examined the said provision of law. It is true that the learned trial Court has to call upon the defendant to furnish security or to show cause as to why security be not furnished but the further provision is that in the interregnum a conditional interim order of attachment can be passed. In this view of the matter, I dispose of this civil revision as follows:
(i) The petitioner to file a written statement and also reply to the said application showing cause as to why he should not be called upon to furnish security in the suit amount. This will be done positively on 3-9-2008 i.e. the date already fixed in the main suit and the application. (ii) The learned trial Court shall decide the matter of attachment before judgment in accordance with Order XXXVIII, rules 5 and 6, C.P.C. on the same date. (iii) The conditional interim attachment order shall continue till the said date.
5. A copy of this order be immediately remitted to the learned trial Court. No orders as to costs. A.M.R./S-79/L Order accordingly.