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Wednesday, July 26th, 2017    Gull Hassan Khan


2004 SCMR 1352.
Muhammad Pervez V/S Nabila Yasmeen & 2 Others (SC.FB)

S.13 West Pakistan Family Courts Act, 1964. Warrant of arrest against the attorney of the judgment debtor. Suit for maintenance was decreed in favour of wife and minor daughter. Husband was living abroad and the whole proceedings were contested through an attorney. During execution proceedings, the attorney made a statement regarding payment of the decretal amount. Before next date of hearing, the husband revoked the power of attorney but the Executing court issued non-bailable warrants against the attorney. Plea raised by the attorney was that the warrants could not be issued against him as the suit was not decreed against him. All the courts below rejected the plea of the attorney. Validity. Once the decree was passed, the same could not be allowed to be set at nought through mala fide act of the judgment debtor whereby he might propose to revoke the power of attorney. Courts were aware of their authority and obligation to implement the decrees passed by them. Judgment-debtor was bound to satisfy the decree either himself or through the attorney who had been throughout representing the judgment-debtor in the suit. Orders of the courts below were based on sound and cogent reasons which were neither perverse nor capricious and were the result of proper appreciation of facts and law. LEAVE TO APPEAL REFUSED.

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