Legal Question in Criminal Law in Pakistan

Dear Experts
I have one question please guide me. i have put execution against one person next date he will come in court and as per my information he will ask the judge that mentioned home is not my home so i am ready to arrest but i dont want arrest him i need my money and i know he is the owner of his house so plz guide me what can i do at the spot in front of judge
1) is it possible he will arreest and same i will request judge to sale his house ?
2) Or if he will arrest then again i will not be able to get my money back
please advice
Thanks

Asked on 7/10/14, 12:55 pm

2 Answers from Attorneys

Syed Naveed I A Law Associates

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Dear,

1. if he is owner of the house. than by sayin that he is not owner in the court he will committ an offence of fraud to the court and you also. which is separately punishable by the court.

2. as fo as your amount/money is concerned, that can be recovered from auctioning the estate of that person against whom the execution is pending.

3. It is upto the court that it will take surety from him to pay your amount/money in any way satisfied by the court.

4.If you have any kind of proof of his ownership, whether photocopies of the documents in his name , you can provide to the judge on the date.

Regards

Syed Naveed Anwar Kazmi

Advocate High Court

Rawalpindi

03005125516

Answered on 7/11/14, 8:51 am

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Adnan Bashir A B Choudry Law Firm

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If that home is in his name, then he cannt negate the fact. otherwise civil imprisonment would be his fate ,. you are to locate or trace out his income or proerty.

[email protected]

0333-5492377

Answered on 7/12/14, 11:46 am

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