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Judgments on s.51, Code of Civil Procedure 1908
Pakistani court judgments that consider s.51, Code of Civil Procedure 1908, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
2 judgments
Arresting a husband to enforce a family decree is a last resort with strict safeguards
Pervaiz Ahmed v. Additional District Judge & others
Issue: Can an executing court arrest a judgment debtor under a family decree and detain him for a year without first giving a…
Held: No. Under Order XXI rule 37 the court must give the judgment debtor an opportunity to show cause before issuing an arrest warrant, and under the proviso to section 51 it may order detention only on reasons recorded in writing…
Art. 199, Constitution of Pakistan 1973O.XXI r.37, Code of Civil Procedure 1908s.51, Code of Civil Procedure 1908
A judgment debtor’s CNIC cannot be blocked to enforce a maintenance decree
Nasir Ali Ranjha v. Addl. District Judge, etc.
Issue: Can an executing court order NADRA to block a judgment debtor's CNIC under section 51(e) CPC to force payment of a family…
Held: No. A CNIC proves a person's identity and cannot be taken away without due process, and section 51(e) CPC cannot be read to permit blocking it in execution, following the Supreme Court's order of 18 February 2026 in Agha Abid…
Art. 199, Constitution of Pakistan 1973s.18, National Database and Registration Authority Ordinance 2000s.51, Code of Civil Procedure 1908