Does not pay the decretal amount he will pay the same

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 judgmentdebtor. The petitioner did not give any undertaking that in case his son (judgmentdebtor) 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. Reference may be made to the case law titled as “Muhammad Jameel v. Mst. Tahira Bibi and 4 others” (2013 CLC 1529 (D.B.), “Muhammad Aslam v. Ayaz Ghazanfar and 2 others” (PLD 2012 Lahore 392) and “Mst. Nasreen v. Government of Sind and 2 others” (PLD 1989 Karachi 28).

Part of Judgment of
Lahore High Court
WP- Family Law
11914-15

2015 LHC 6866