5. It is established from the record that
the petitioner was not party in the suit. It is
also established from bare perusal of the
execution petition that the same was filed
against Muhammad Nasir, judgment-writer.
It is also established from the record that no
decree has been passed against the
petitioner. The petitioner never stood surety
or guarantor on behalf of the judgment debtor. The petitioner did not give any
undertaking that in case his son (judgment debtor) does not pay the decretal amount he
will pay the same, therefore, decree could
not be executed against the petitioner. The
executing court has exceeded his jurisdiction
by executing the decree against the
petitioner who is the paternal grandfather of
respondents No.3 and 4.
PLD 2012 Lahore 148
Used in Judgment of
Lahore High Court
WP- Family Law
11914-15
0 comments:
Post a Comment