ORDER JAWWAD S. KHAWAJA, J.- It appears that the petitioner Nabeel Zafar was arrested on 22.4.2001 pursuant to the orders passed by the Learned judge, Banking Court No. II, Faisalabad (respondent No. 2). Since then the case relating to his arrest has been listed for hearing on three occasions. On two occasions, the Learned judge himself was on leave, while on the third date of hearing i.e. 30.5.2001, an application moved by the petitioner for his release was dismissed.
2. The provisions of the CPC do envisage the arrest and detention of a judgment-debtor in prison but only after the conditions precedent specified therein have been fulfilled. It appears that in the present case, the petitioner was arrested to procure his presence in Court. That, by itself was a permissible mode for procuring the presence of the petitioner/judgment-debtor in Court. However, once the petitioner had appeared, the other process for determining his liability to be detained in execution of the decree was still required to be separately fulfilled by the Learned judge Banking Court.
3. In these circumstances, since the petitioner's presence has already been secured through his arrest almost two months ago, the judge Banking Court respondent No. 2 shall, after obtaining bonds and sureties as considered necessary by him, release the petitioner on bail. This shall be done tomorrow. Thereafter, the Learned judge Banking Court shall proceed to make a determination in accordance with the provisions of Section 51, CPC read with the provisions of Order 21, Rules 37 and 40, CPC before ordering the detention of the petitioner pursuant to the aforesaid proceedings.
4. In view of the above circumstances, the order dated 30.5.2001 is set aside. This setting aside, however, shall not prejudice the future action of the Learned judge Banking Court after ensuring compliance with the relevant provisions of the CPC, referred to above. Copy dasti.