| Case ID |
008b678e-c0fb-4591-a22c-0a58100a28d3 |
| Body |
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| Case Number |
Civil Revision No. 359 of 2008 |
| Decision Date |
Dec 12, 2008 |
| Hearing Date |
|
| Decision |
The Lahore High Court, presided by Justice M.A. Zafar, dismissed the revision petition filed by the State Bank of Pakistan against the order of the Executing Court. The court ruled that the bank, as the custodian of the funds, was obligated to comply with the court's order to attach the account of the judgment-debtor. The court found that the petitioner Bank's arguments were misconceived, particularly since the accounts were under the control of the Ministry of Defence against whom the decree had been passed. The court emphasized that the judgment-debtor had not contested the order of attachment, leading to the dismissal of the petition in limine. |
| Summary |
In the case of Civil Revision No. 359 of 2008, the Lahore High Court dealt with a revision petition by the State Bank of Pakistan regarding the execution of a decree in favor of Messrs K.B. Amine, a government contractor. The petitioner bank was directed to attach funds from the account of the judgment-debtor, the Ministry of Defence. The court highlighted the bank's duty as a custodian of the funds to follow the Executing Court's order. The decision reinforced the principle that the bank had no direct interest in the underlying decree and must comply with court orders. This case underscores the importance of adherence to judicial directives in execution proceedings and clarifies the responsibilities of financial institutions in such contexts. Keywords: Lahore High Court, civil procedure, execution of decree, State Bank of Pakistan, judgment-debtor, Ministry of Defence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M.A. Zafar
|
| Lawyers |
Muhammad Shuaib Abbasi
|
| Petitioners |
STATE BANK OF PAKISTAN
|
| Respondents |
MESSRS K.B. AMINE
|
| Citations |
2010 SLD 1485,
2010 YLR 460
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
S.115,
O.VII, R.2,
O.XXI, Rr. 10,
O.XXI, R.12
|