2011 Y L R 206 [Lahore] Before Ch. Muhammad Tariq, J IBRAR MERAN---Petitioner Versus JUDGE FAMILY COURT, DISTRICT GUJRAT and 2 others---Respondents Writ Petition No. 8630 of 2010, heard on 29th September, 2010. West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of maintenance---Trial Court decreed the suit while Appellate Court reduced the amount of maintenance---Plaintiff filed execution petition---Executing court ordered arrest of petitioner, who had pursued defendants cases as `general attorney---Petitioner, the general attorney of defendant, contended that he could not be arrested for recovery of decretal amount as he was merely general attorney of defendant who was living abroad---Validity---Perusal of general power of attorney showed that petitioner was surety to the judgment-debtor as well as general attorney---Executing Court, in circumstances, had rightly adopted coercive method to recover decretal amount because a surety was presumed to be party to the suit---Petitioner failed to point out any infirmity or illegality in the impugned order---Constitutional petition was dismissed. HUMA
Posted on: Sat, 23 Aug 2014 10:09:23 +0000
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