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TALIB HUSSAIN versus MST. PARVEEN AKHTAR


The warrant of the scope of the arrest of the accused of the Power of Court decision for the execution of the judgment of section 51 and O XXI, Rr 37 & 40 decree, has rendered the execution court's order invalid for his detention. Diya, on the ground that this order is a violation of the provisions of section 51. And before issuing a warrant for arrest warrant for AXXI, the CPC, the decision maker had to give a notice of reasons why he would not be detained in prison and such notice could only be served. , If there was a court. Dissatisfied with the oath or otherwise, the decision may be warranted or the jurisdiction overrides local jurisdiction to avoid payment of the data the The arrest of the debtor of the judgment is only investigated by the execution court. Can be done only after the end of In the present case, the CPC's pre-requisite notice of section 11 of the judgment was not passed on to the decision-maker, nor was there any inquiry by the implementing court before the order was passed. Therefore, there was a detention order, violation of Sections 551 and AXXI, R 37 and 40 of the CPC High Court, in which case, the appeal was allowed, the improper order was set aside.

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