Brief facts in the istant petition are that in a decree for recovery of dower articles of the amount of Rs, 1,60,500, the learned Executing Court issued warrant of arrest against the judgment debtor and sent judgment debtor to civil imprisonment. The present petitioner stepped into shoes of the judgment debtor as surety that he will pay decrial amount of Rs,1,60,500 if the judgment debtor will not pay the said amount. On his statement and submission of bail bonds the judgment debtor was released. The judgment debtor was released from the jail but he did not pay the decrial amount.
Notices were issued to the surety. He was produced before the Court in custody of the police and was again sent to civil imprisonment. He remained in the jail for a long time but he did not pay the decrial amount; therefore, the learned trial Court sent warrant of attachment and auction in respect of petitioner and other sureties. Instant writ petition has been filed to challenge the warrant of arrest issued by the learned Executing Court.
2. Arguments advanced by learned counsel for the petitioner are that main liability regarding satisfaction of the decretal amount lies on respondent No,2. The petitioner and respondents Nos.3 and 4 become sureties for reasonable time to respondent No,2 judgment-debtor, when he failed to deposit the decretal amount the petitioner performed his duty and produced the judgment-debtor before the learned Executing Court. He was arrested and afterwards was released. Learned Executing Court could not pass impugned order dated 8-10-2002.
3. I have heard the learned counsel for the petitioner and perused the record.
4. The petitioner and respondents Nos.3 and 4 have given bail bonds, their statements were recorded by learned Executing Court. The petitioner, Muhammad Amir son of Alaf. Din and Anaya all the three sureties gave undertaking before the learned Executing Court that if the judgment- debtor does not pay the decrial amount they will pay the decrial amount of Rs,1,60,500.
5. When the judgment-debtor refuses to pay the decrial amount, learned Executing Court can assess the same as arrears of land revenue and it is recoverable as arrears of land revenue. All the three sureties had entered voluntarily, stepped into shoes of judgment-debtor, and they have given clear undertaking that in case Of failure of judgment-debtor they will pay the decrial amount, therefore, the Courts below rightly issued warrant of attachment against the sureties and no interference is needed in this case by this Court Instant petition being devoid of substance is dismissed in liming.