Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,37(4),R.1,2,3,4

Law: Negotiable Instruments Act, 1881

Section: 79,80

Law: Limitation Act, 1908

Section: 181

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, R.4---Limitation Act (IX of 1908), Art. 181---Decree, setting aside of-- Limitation---No period of limitation having been provided in Limitation Act, 1908, for filing application under O.XXXVII, R.4, C. P. C. ; therefore, Art.181 of Limitation Act, 1908, which provides a period of three Years was applicable in respect of such application. Habib Bank Limited v. Musarat Ali Khan PLD 1987 Kar. 86 rel. (b) Civil Procedure Code (V of 1908)--- -----O.XXXVII, R.2---Negotiable Instruments Act (XXVI of 1881), Ss. 79 & 80---Suit on the basis of negotiable instruments-- Recovery of interest---Scope---Plaintiff, in all suits filed on the basis of bills of exchange, Hundis, or promissory notes, is entitled to payment of the principal sum due on the instrument and interest calculated in accordance with the provisions of Ss. 79 & 80 of Negotiable Instruments Act, 1881, as the case may be. Habib Bank Ltd. v. Kaycee Corporation PLD 1980 Kar. 143 ref. (c) Civil Procedure Code (V of 1908)--- ----O.XXXVII, Rr.3 & 4---Decree, setting aside of---Special circumstances---Leave to defend the suit, grant of---Passing of decree against Director of limited company-- Director of the company sought setting aside of decree on the ground that he could not be made responsible for the debts of the company---Trial Court dismissed the application under O.XXXVII, Rr.3 & 4, C. P. C.---Validity---Director of the company could not be made responsible for the debts of the company unless he had in any way guaranteed the payment of the same-- Special circumstances had been made out which had been overlooked by the Trial Court---Judgment and decree passed by the Trial Court was contrary to established law, without jurisdiction and the same was set aside---Leave to defend the suit was granted to the Director of the Company and the case was remanded to Trial Court for decision on merits---Appeal was allowed accordingly. Muhammad Yousuf v. Abdul Majeed PLD 1993 Lah. 244 and Haji Khuda Bux Nizamani v. Election Tribunal and others C.P. No.D-1605 of 2002 rel. THIS JUDGMENT DELIVERED BY: S. AHMED SARWANA, JUSTICE:---.--- United Air Travels…

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