MESSRS SABINA LTD. vs CHINA SILK HOUSE — 1971 PLD 255

Citation: 1971 PLD 255

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-17

Parties: MESSRS SABINA LTD. vs CHINA SILK HOUSE

Headnotes

Case cited as PLD 1971 Karachi 255

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Ali Sayeed Title: MESSRS SABINA LTD. vs CHINA SILK HOUSE Case No.: Suits Nos, 211, 227 of 1967 and 19 of 1966 Date of Judgment:1969-12-17 Reported As: PLD 1971 Karachi 255 Result: Order accordingly JUDGMENT JUDGMENT While evidence was being recorded on the Intervenors' application under Order XXI, rule 58, C. P. C., Mr. Abbas Zia, the learned counsel for the decree-holders, raised a preliminary point concerning the jurisdiction of this Court to hear and dispose of the intervenor's application. According to him an application under Order XXI, rule 58, C. P. C., by its very terms, would lie only to a Court executing the decree and not to the Court which passed the decree but was not executing it I preferred to immediately dispose of this preliminary objection as need for recording evidence could have been obviated if Mr. Abbas Zia were to succeed in his objection. 2. The brief facts which are relevant to the present objections are that on the 11th of December 1967, a decree was passed against the present judgment-debtors for a sum of Rs, 33,845.96 with costs and interest. Since the judgment-debtors did not appear to have any property within the jurisdiction of this Court against which the decree could be executed, the decree-holders had applied for issue of a precept to the District Judge at Lyallpur. This precept, it would appear, was granted on the 31-3-69 by this Court and was sent to the District Judge at Lyallpur in July…

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