1. C.M. No, 1 of 2000 ' This application for dispensing with filing of certified copies of Annexures to the writ petition, is allowed and disposed of. Main case ' This writ petition was listed as urgent case today. When it was called on Mr. Muhammad Siddique Deval, Advocate put in appearance for the respondents. I have heard both the learned counsel.
2. Learned counsel fur the petitioner contends and the learned counsel for the respondents has admitted that the loan in fact was obtained by Khuda Bakhsh, the father of the petitioner and Abdul Aziz, the detenu. It is also admitted by the respondents that Khuda Bakhsh has since died and that they have arrested and detained Abdul Aziz against the recovery of the said loan. This action of the respondents is absolutely illegal and without lawful authority, it is well-settled that legal representative of a deceased loanoc has no personal obligation to the Bank and he is liable only to the extent of the estate which devolves upon him as a result of the death of the borrower.
3. Learned counsel for respondent No,1 does not allege that the said Abdul Aziz had alienated any portion of the estate having so devolved upon him. In the case of Agricultural Development Bank of Pakistan v. Sanaullah Khan and others (PLD 1988 SC 67) the Supreme Court of Pakistan has dealt with the matter in detail and has laid down the law that the person of the legal representative of a deceased borrower cannot be proceeded against for recovery of loan and it is only the estate of the deceased which is to be proceeded against. I, therefore, admit this writ petition to regular hearing and having heard the parties I allow this writ petition and hereby direct the respondents to immediately release Abdul Aziz son of Khuda Bakhsh, the detenu. The detenu, if so advised, may sue the respondents for appropriate damages. For the wrong done to him by them.