| Case ID |
29ed2dfa-4704-40e6-a497-6111c03cf104 |
| Body |
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| Case Number |
Suit No. 1117 and Civil Miscellaneous Application |
| Decision Date |
Aug 20, 2001 |
| Hearing Date |
|
| Decision |
In the case presented, the Sindh High Court ruled on the application for attachment before judgment filed by Messrs Prinze (PVT.) Limited against Shahid Saeed Khan. The court found that the defendant, with the intent to obstruct or delay the execution of any decree that may be passed against him, was about to dispose of his property. The court directed the defendant to furnish security equivalent to Rs. 50 lacs within one month. The decision emphasized the importance of securing the plaintiff's interests in the case where the defendant had transferred property to avoid potential liabilities. The ruling was based on the provisions of Order XXXVIII, Rule 5 of the Civil Procedure Code, which allows the court to act if it is satisfied that the defendant is attempting to evade their obligations. The court also noted that the intention of the defendant could be inferred from the surrounding circumstances of the case. |
| Summary |
The case revolves around a dispute between Messrs Prinze (PVT.) Limited and Shahid Saeed Khan concerning construction services and financial claims. The plaintiff, a private limited company, sought to recover Rs. 65,00,000 from the defendant, alleging breach of contract after dissatisfaction with the construction services provided. The plaintiff accused the defendant of attempting to sell his property to evade the decree that might be passed against him. The court's decision to attach the property was grounded in the Civil Procedure Code's provisions aimed at preventing defendants from frustrating the enforcement of judgments. The case highlights critical legal principles regarding property attachment before judgment, the necessity for securing potential financial claims, and the interpretation of a defendant's intent based on their actions prior to and during litigation. |
| Court |
Sindh High Court
|
| Entities Involved |
Messrs Prinze (PVT.) LIMITED,
SHAHID SAEED KHAN
|
| Judges |
MUNIR-UR-REHMAN, J
|
| Lawyers |
Syed Zia-ud-Din Nasir,
Ejaz Ahmed
|
| Petitioners |
Messrs PRINZE (PVT.) LIMITED
|
| Respondents |
SHAHID SAEED KHAN and others
|
| Citations |
2002 SLD 2120 = 2002 CLD 391
|
| Other Citations |
Faqir Ali v. Muhammad Hayat PLD 1976 Lah. 298
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXXVIII R.5
|