Section 17 of West Pakistan family court s Act, 1964 excluded the application of civil Procedure Code, 1908 except Ss. 10 & 11 of the same---Procedure set out in O. XXI, C.P.C. for execution of civil decree need not to be followed by a family court --

  Section 17 of West Pakistan family court s Act, 1964 excluded the application of civil Procedure Code, 1908 except Ss. 10 & 11 of the same---Procedure set out in O. XXI, C.P.C. for execution of civil decree need not to be followed by a family court ---family court had been vested with the discretion as to how it would order for recovery of a money decree passed by it---Such discretion had to be exercised at the time of passing a decree ---Money decree was to be recovered as arrears of land revenue only if court had so directed at the time of passing of the same---family court might follow any procedure for implementation of its money decree including the arrest of judgment-debtor and attachment of his property if such direction had not been made by the same---Surety was as much bound by his undertaking as was the judgment-debtor---Both surety and judgment-debtor were collectively and severally liable to make payment to the decree -holder---Surety would not be absolved of his liability if judgment-debtor was sent behind the bars---Surety was to be conscious of his liabilities and he could not be allowed to evade from the same---Constitutional petition was dismissed in liming.

2015 YLR 316
MUHAMMAD AMIN
Versus
JUDGE, FAMILY COURT, SAHIWAL