2009 PLP 909 (YLR)
GHAZANFAR ALI KHAN — Appellant Versus Dr. Agha SAFIA FATIMA and another — Respondents
| Citation | 2009 PLP 909 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Agha Rafiq Ahmed Khan, J |
| Parties | GHAZANFAR ALI KHAN — Appellant Versus Dr. Agha SAFIA FATIMA and another — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2009 PLP 909 (YLR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 909 (YLR)?
The case was heard and decided by the Karachi bench comprising: Agha Rafiq Ahmed Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 909 (YLR) (GHAZANFAR ALI KHAN — Appellant Versus Dr. Agha SAFIA FATIMA and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khursheed Ahmed Qureshi for Appellant.
- Muhammad Arif Khan for Respondent.
- AGHA RAFIQ AHMED KHAN, J.--- Mr. Muhammad Arif Khan, Advocate has filed power on behalf of the respondent which is taken on record. Matter is fixed for hearing of C.M.A. No.1245 of 2007 filed by appellant under Order XLI, rule 5, C.P.C. for stay of operation of the impugned judgment. This Court had admitted the appeal on 10-3-2008 in the meantime operation of the impugned judgment was suspended.
Headnotes / Summary
O. XLI, R. 5 & O. VII, R. 2
Application for suspension of operation of judgment and decree
Suit was decreed by the Trial Court
Contention of counsel for plaintiff was that under O. XLI, R.5, proviso C.P.C. security was to be given by the defendant if he obtained order against the money decree
Money decree having been passed, operation of, the judgment and decree was suspended subject to furnishing security in the decretal amount within specified period. Ch. Altaf Hussain and others v. Mirza Azam Beg 1983 SCR 643 and Pir Ghulam Farid v. Pir Muhammad Bakhsh 1968 SCMR 160 rel.
Judgment & Decree
AGHA RAFIQ AHMED KHAN, J.
Mr. Muhammad Arif Khan, Advocate has filed power on behalf of the respondent which is taken on record. Matter is fixed for hearing of C.M.A. No.1245 of 2007 filed by appellant under Order XLI, rule 5, C.P.C. for stay of operation of the impugned judgment. This Court had admitted the appeal on 10-3-2008 in the meantime operation of the impugned judgment was suspended. The contention of learned counsel for the respondent is that under Order XLI, rule 5, proviso-C.P.C.security is to be given by the appellant if he obtains order against the money decree. He has relied on the cases of Ch. Altaf Hussain and others v. Mirza Azam Beg reported in 1983 SCMR 643 and Pir Ghulam Farid v. Pir Muhammad Bakhsh 1968 SCMR
160. I have heard learned counsel for both the parties and gone through the above case-law. This suit was decreed in the sum of Rs.14,80,000 by the judgment dated 6-2-2007 passed in the Suit No.60 of 2005 by the VIth Additional Sessions Judge, Karachi East. Since money decree in the suit has been passed, therefore operation of the judgment and decree is suspended subject to furnishing security in the decretal amount within a period of one and half month. C.M.A. No.1245 of 2007 stands disposed of accordingly. H.B.T. /G-5/K Order accordingly.