1. KHALID ALI Z. QAZI, J. This matter has been called twice during earlier part of the day, but was kept aside due to the absence of learned counsel for the plaintiff. It is now 12:22 noon. Nobody is present on behalf of the plaintiff nor any intimation has been received.
2. This is an application under Section 151, C.P.C. For reducing the surety amount from Rs. 10,00,000/- to Rs. 1',00,000/- to enable the defendant No. 2 to get the bus released and earn his livelihood.
3. Learned counsel submits that the Bus No. 1158.Allegedly involved in the road accident was attached by order dated 21.6.2006. It was further ordered by order dated 14.2.2006 that the bus may be released on furnishing surety in the sum of Rs. 10,00,000/-. Despite such order the defendant No. 2 is unable to furnish surety in the sum of Rs. 10,00,000/-. It is settled principle of law that the surety could not be withheld as a punishment, but it is for giving the equitable relief to the needy person.
4. In the present case since 14.2.2006 the defendant No. 2 could not arrange and furnish surety in the sum of Rs. 10,00,000/-and therefore it appears that the surety amount is much higher than the resources of the defendant No. 1. It also appears that since the attachment of the bus it has not been properly maintained and the value of the bus gone considerably low. All tyres of the bus have worn out. The body and parts of the bus caught rust and due to the attachment defendant No. 2 has lost its earning and incurring loss and damages. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.