ARREST AND DETENTION

Section 55: Arrest & Detention

(l) General Rule:

 Arrest can be made at any hour and on any day
 J.D shall be brought before the Court as soon as practicable
 Court may order for simple imprisonment for a period not exceeding one year

Rules of Arrest In Case of Dwelling House

i. No dwelling house shall be entered after sunset and before sunrise
ii. No outer-door of a dwelling-house shall be broken open, Unless

a. such dwelling-house is in the occupancy of the judgment-debtor and

b. J.D refuses or in any way prevent access thereto,
c. After gaining access officer may break open the door of any room in which he has
reason to believe the judgment-debtor is to be found

iii. Room In Occupancy of Woman

 Woman who is not the Judgment debtor and according to the customs does not
appear in public
 Notice shall be given to her that she is at liberty to withdraw for which reasonable
time and facility shall be given
 After this officer may enter the room for the purpose of making the arrest;

iv. If J.D makes payment of Decretal amount plus cost of arrest than, officer shall at once
release him

(2) Public Safety:

Provincial Government may by notification, declare that any person or class of persons
whose arrest might be attended with danger or inconvenience to the public shall not be liable
to arrest otherwise than in accordance with such procedure as may be prescribed by the
Provincial Government.

(3) Imprisonment Not a Discharge:

Imprisonment is not a discharge, but he shall not be liable to be re-arrested.

Cases:
i. J.D becomes insolvent (However, his property. whenever it may come into existence
shall remain liable)
ii. someone give surety (Surety will be responsible for J.D appearance and payment in case
of default by J.D)
iii. 1 year elapsed (Property of J.D shall remain liable)

4. Remedy against Prison

Appeal

Section 56: Prohibition on Arrest of Women:

Court shall not order the arrest or detention of women, in the prison in execution of a decree for
the payment of money.

Section 58: Release from Detention:

Grounds of Release:
(a) Amount mentioned in the detention warrant is paid to the officer in charge of the prison
(b) Decree against him is otherwise fully satisfied
(c) Person on whose application he has been detained so requests

No release without the order of the Court

 ATTACHMENT

Section 60: Property Liable to Attachment & Sale

A. Properties:

i. Lands, houses or other buildings,

ii. Goods,
iii. Money, bank-notes, cheques, bills of exchange, hundis, promissory notes,
iv. Government securities, bonds or other securities for money,
v. Debts,
vi. Shares in a corporation
vii. Saleable property, movable or immovable, belonging to the judgment-debtor
e.g. Trust property, widow’s right to possession in lieu of dower, share in private
co. etc. are not salable
viii. Property over which or the profits of which. he has a disposing power which he may
exercise for his own benefit, whether in his name or on his behalf or by another
person in trust of him
e.g., Provident Fund deposit

Exceptions:

a. Necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor,

his wife and children, and such personal ornaments as in accordance with religious usage,
cannot be parted with any woman

b. Tools of artisans

c. Where the judgment-debtor is an agriculturist, his implements of husbandry and such

cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to
earn his livelihood as such, and such portion of agricultural produce, or of any class of
agricultural produce as may have been declared to be free from liability

d. Houses and other buildings with the materials and the sizes thereof and the land
immediately appurtenant thereto and necessary for their enjoyment belonging to an
agriculturist and occupied by him;

e. books of accounts;

f. A mere right to sue for damages

g. Any right of personal service

h. Stipends and gratuities allowed to pensioners of the Government, or payable out of any
service family pension fund notified in the official Gazatte by the Federal Government or
the Provincial Government in this behalf and political pensions

i. Wages of labourers and domestic servants, whether payable in money or in kind

j. Salary to the extent of the first hundred rupees and one half the remainder

Where such salary is the salary of a servant of the State or a servant of a railway or local
authority and the whole or any part of the portion of such salary liable to attachment has
been under attachment, whether continuously or intermittently for a total period of
twenty-four months, such portion shall be exempt from attachment until the expiry of a
further period of twelve months and, where such attachment has been made in execution
of one and the same decree, shall be finally exempt from attachment in execution of that
decree

k. Pay and allowances of persons to whom the Pakistan Army Act, 1952, applies or of
persons other than commissioned officers to whom the Pakistan Navy Ordinance, 1961
applies;
 l. Compulsory deposits and other sums in or derived from any fund to which the Provident
Funds Act, 1925, for the time being applies in so far as they are declared by the said Act
not to be liable to attachment

m. any allowance forming part of the emoluments of any servant of the State or of any
servant of a railway or local authority which the appropriate Government may by
notification in the official Gazette declare to be exempt from attachment, and any
subsistence grant or allowance made to any such servant while under suspension

n. an expectancy of succession by survivorship or other, merely contingent or possible right

or interest

o. A right to future maintenance

p. Any allowance declared by any Pakistan law to be exempt from liability to attachment or
sale in execution of a decree; and

q. Where the judgment debtor is a person liable for the payment of land revenue, any
movable property which, under any law for the time being applicable to him, is exempt
from sale for the recovery of an arrear of such revenue.

B. Objections:
 Section 47

Section 61: Partial Exemption of Agricultural Produce

The Provincial Government may exempt particular agricultural produce from liability to
attachment or sale in execution of a decree.

Section 62: Seizure of Movable Property in Dwelling House

i. No dwelling house shall be entered after sunset and before sunrise
ii. No outer-door of a dwelling-house shall be broken open, Unless

a. such dwelling-house is in the occupancy of the judgment-debtor and

b. J.D refuses or in any way prevent access thereto,
c. After gaining access officer may break open the door of any room in which he has
reason to believe any such property to be

iii. Room In Occupancy of Woman

 Woman who is not the Judgment debtor and according to the customs does not appear
in public
 Notice shall be given to her that she is at liberty to withdraw for which reasonable
time and facility shall be given
 After this officer may enter the room for the purpose of seizing the property, using at
the same time every precaution, to prevent its clandestine removal

Section 63: Property Attached In Execution of Decrees of Several Courts

 The court of highest grade shall have the precedence over other courts to get its decree
satisfied and determine claims
 Where there is no difference in grade between Courts, the Court under whose decree the
property was first attached.
 Proceedings of any of those courts will not become invalid

Section 64: Private Alienation after Attachment to be Void:

Any private transfer or delivery of the property attached or of any interest therein and any
payment to the judgment-debtor of any debt, dividend or other monies contrary to such
attachment, shall be void as against all claims enforceable under the attachment.

Explanation: For the purposes of this section, claims enforce under an attachment include claims
for the rateable distribution of assets.