Pakistan Case Law
1997 SCMR 1199

Messrs SPORTS WORLD And Others vs ONYX GARMENTS (PVT.) LTD. And Another

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Citation1997 SCMR 1199
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal Nos. 1100-L and 1101-L of 1995C.R.
Date1995-12-11
Judge(s)Saad Saood Jan and Muhammad Ilyas
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan, arising from a civil dispute involving the attachment of property before judgment. The core legal question presented for consideration is whether property that has already been disposed of by a defendant subsequent to the institution of a civil suit remains eligible for attachment before judgment under the relevant procedural laws. The Supreme Court granted leave to appeal to address this specific issue regarding the scope and applicability of pre-judgment attachment provisions. Pending the final adjudication of the appeal, the Court issued an interim order restraining the respondent, Muhammad Siddique, from further alienating the specific property he acquired through an exchange with the petitioner. The Court further clarified that the pendency of these appellate proceedings should not impede or delay the ongoing trial of the underlying civil suit. The parties were granted liberty to submit relevant documentation to support their respective positions before the matter is scheduled for a final hearing.

Questions settled in this judgment
  • Can property that has already been disposed of by a defendant after the institution of a civil suit be the subject-matter of attachment before judgment?
attachment before judgmentcivil procedurealienation of propertyinterim reliefleave to appeal

ORDER

1. Leave to appeal is granted inter alia to consider the question whether the property which has already been disposed of by the defendant after the institution of a civil suit can still be the subject-matter of attachment before judgment. In the meanwhile Muhammad Siddique should not alienate the property which he has obtained to exchange from the petitioner. The pendency of this appeal should not hamper or delay the trial of the suit The parties may file such documents, as they wish, in support of their respective stands before the appeal comes up for hearing.

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