CPC are not to be followed by the Family Court in execution of a money decree

Bare reading of the above provision makes it abundantly clear that for enforcement of a money decree the learned Executing Court is empowered to recover the decretal amount as arrears of land revenue. In the West Pakistan Land Revenue Act there are various modes for recovery of land revenue are provided and one of the mode is to sale out the property of the defaulter which was adopted by the learned Executing Court in the present case. Therefore, referred procedural provisions of CPC and technical trappings provided in the CPC are not to be followed by the Family Court in execution of a money decree.

 Reliance is placed on case reported as Amjad Iqbal ..Vs. Mst. Nida Sohail (2015 SCMR 128).

Used in Judgement of
Lahore High Court
Family
64857/17

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