2003 PLP 1620 (CLC)

S. 13

Enforcement of decree for recovery of amount of dowry articles

Executing Court in such a decree issued warrant of arrest against judgment-debtor and sent him to civil imprisonment

Surety stepped into shoes of judgment-debtor and undertook to pay decretal amount if judgment-debtor would not pay the said amount and on said undertaking judgment-debtor was released from jail

Judgment-debtor having failed to pay decretal amount, notices were issued to surety and judgment-debtor was again sent to civil imprisonment and Trial Court sent warrant of attachment and auction against surety of judgment -debtor

Validity

Surety having voluntarily stepped into the shoes of judgment-debtor and having undertaken to pay decretal amount if judgment-debtor failed to pay his warrant of attachment had rightly been issued. Mushtaq Ahmad Mohal for Petitioner. in the instant petition are that in a decree for articles of the amount of Rs.1,60,500, the learned Executing Court issued warrant of arrest against the judgment debtor and' sent judgment debtor to civil imprisonment. The present petitioner stepped into shoes of the judgment debtor as surety that he will pay decretal amount of Rs.1,60,500 if the judgment debtor will not pay the said amount. On his statement and submission of bail bonds the judgment debtor was released. The judgment debtor was released from the jail but he did not pay the decretal amount. Notices were issued to the surety.' He was produced before the Court in custody of the police and was again sent to civil imprisonment. He remained in the jail for a long time but he did not pay the decretal amount; therefore, the learned trial Court sent warrant of attachment and auction in respect of petitioner and other sureties. Instant writ petition has been filed to challenge the warrant of arrest issued by the learned Executing Court.

2. Arguments advanced by learned counsel for the petitioner are that main liability regarding satisfaction of the decretal amount lies on respondent No.2. The petitioner and respondents Nos.3 and 4 become sureties for reasonable time to respondent No.2 judgment-debtor, when he failed to deposit the decretal amount the petitioner performed his duty and produced the judgment-debtor before the learned Executing Court. He was arrested and afterwards was released. Learned Executing Court could not pass impugned order dated 8-10-2002.

3. I have heard the learned counsel for the petitioner and perused the record.

4. The petitioner and respondents Nos.3 and 4 have given bail bonds, their statements were recorded by learned Executing Court. The petitioner, Muhammad Amir son of Alaf Din and Inayat all the three sureties gave undertaking before the learned Executing Court that if the judgment-debtor does not pay the decretal amount they will pay the decretal amount of Rs.1,60,500.

5. When the judgment-debtor refuses to pay the decretal amount, learned Executing Court can assess the same as arrears of land revenue and it is recoverable as arrears of land revenue. All the three sureties had entered voluntarily, stepped into shoes of judgment-debtor, and they have given clear undertaking that in case of failure of judgment-debtor they will pay the decretal amount, therefore, the Courts below rightly issued warrant of attachment against the sureties and no interference is needed in this case by this Court. Instant petition being devoid of substance is dismissed in limine. H.B.T./B-157/L Petition dismissed.