JEHANGIR PHEROZSHAW DUBASH AND Another vs HOSHANG HOMI BROACHA JUDGMENT Reported As — 1972 PLD 74

Citation: 1972 PLD 74

Court: Sindh High Court

Year: 1970

Decision Date: 1970-10-12

Parties: AZIZ SALIMUDDIN HYDER vs FAROOQ AHMAD Judgment Debtor

Headnotes

Result: Petition dismissed Judgment JUDGMENT This is a revision against the order of the learned Third Civil Judge First Class, Karachi, dated 22-8- 1968, whereby the plaint in the suit filed by the applicants herein was rejected under Order VII, rule 11, C. The learned counsel for the respondent No.

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: AZIZ SALIMUDDIN HYDER vs FAROOQ AHMAD Judgment Debtor Case No.: Execution No. 58 of 1968, Date of Judgment:1970-10-12 Reported As: PLD 1972 Karachi 74 Result: Application dismissed JUDGMENT JUDGMENT This is an application under section 151, C. P. C. Of the restoration of the objections filed by the applicant-intervenor dismissed in default which had been filed against the attachment of an amount of Rs. 37,274/32 in the Execution proceedings filed by the decree-holder against the judgment-debtor. Aziz Salimuddin Hyder had obtained a decree for a sum of Rs.37,273/32 including interest and costs on 2-10-67 against Farooq Ahmed. On 13th April 1968, an execution application was filed and a prayer was made for the attachment of the money said to be of the judgment-debtor with the Agricultural Deve--lopment Corporation, Clearing Department, Lahore. Writ of attachment by order dated 29th May 1968 was issued by the Additional Registrar (Original Side). Subsequently an applica--tion dated 5-8-1968 was made to include the prayer for the execution application under Order XXI, rule 46, C. P. C. Calling upon the Agricultural Development Corporation, Clearing Depart-- ment, Lahore to send the amount to this Court. This applica--tion was accepted by the Additional Registrar (Original Side) by order dated 8-8-1969. On 12-8-1969 Abdul Rahman intervenor-applicant made an application (Misc. No. 129/69) under Order XXI, rule…

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