Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, R.3---Leave to defend the suit, grant of ---Principles--­Grant of leave to defend a suit filed under O.XXXVII, C.P.C. is not a matter of course or right-In 'order to be legible for such benefit, the defendant is liable to show such facts which may warrant proving of consideration by plaintiff or disclose a plausible defence which may give rise to triable issues which necessarily implies that granting of permission to defend the suit or refusal thereof is dependent on the attending circumstances of each case and no hard and fast rule can be laid for the purpose---If no defence worth the name is made out on facts or in law in application for leave to defend the suit, the leave can be refused---Leave can also be refused if the defence disclosed on affidavits is sham or colourable or illusory/imaginary and may not give rise to triable issues. (b) Civil Procedure Code (V of 1908)--- ----O. XXXVII, R.3 & S.96---Leave to defend the suit, grant of--­Substantial question of law and fact---Defendant denied availing of any loan from the plaintiff---Plea raised by the defendant was that the cheque was issued in favour of the plaintiff as security in respect of purchase of land---Trial Court dismissed the application and did not grant leave to defend the suit--Validity---Where the controversy between .the parties could only be resolved through inviting evidence, the defendant should have been afforded an opportunity to do so---Order passed by the Trial Court was set aside---High Court remanded the case to the Trial Court for decision afresh. Messrs Skyline Travels (Pvt.) Ltd v. Messrs Fly World Travels and another 1997 CLC 766; Sardar Abdur Rehman v. Fida Hussain 1996 CLC 1571; Habib Bank Ltd. v. Asghar Ali and others 1998 CLC 353; Abdul Karim v. United Bank Ltd, and 2 others 1984 SCMR 568; Messrs Karachi Bandid Stores Ltd. v. Trustees of the Port of Karachi 1999 MLD 3214; Rana Muhammad Ahmad Noon v. Muhammad Javed Khan 1999 SCMR 1845 and Raja Saeed Ahmad Khan v. Sabir Hussain 2000 CLC 199 ref. JUDGMENT This is an appeal under section 96 read with Order 41, rule 1, C.P.C. directed against the judgment and decree,…

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