Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,Rr.1,2

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,Rr.1,2

Law: Limitation Act, 1908

Section: 159

(a) Civil Procedure Code (V of 1908)-------O. XXXVII, Rr.1, 2 & Appendix B, Form No.4---Institution of summary suit on negotiable instrument---Summons issued should be in the prescribed form to acquaint the other party with the nature of claim and also to warn him of the limitation imposed upon his right of defence and the period within which application for leave to appear and defend the suit was to be filed. Ali Akbar v. Gulzar Ali Shah PLD 1984 Kar. 252; Messrs ARK Industrial Management Ltd. v. Messrs Habib Bank Limited PLD 1991 SC 976; National Bank of Pakistan v. Messrs Elegzender and Company and 2 others PLD 1987 Lah. 290 and Messrs Ahmad Autos and another v. Allied Bank of Pakistan Limited PLD 1990 SC 497 rel. (b) Limitation Act (IX of 1908)--- ----Art. 159---Limitation---When summons was not in prescribed form, then the question of computing the period of limitation under Art.159 of Limitation Act, 1908 did not arise. (c) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr.1, 2 & Appendix B, Form No.4---Summons of summary suit on negotiable instrument---When the summons was not in proper form, then there would be no proper service and proceedings would not be legal and proper. Ali Akbar v. Gulzar Ali Shah PLD 1984 Kar. 252 ref. Zafar Iqbal Warraich for Appellant. Moiz Ahmed for Respondent No.1. Date of hearing: 20th February, 2013. JUDGMENT ABDUL RASOOL MEMON, J.--- This appeal has been preferred against the judgment dated 24-12-2011 and decree dated 4-1-2012 in Summary Suit No.63 of 2011 passed by Vth Additional District Judge, Karachi South in favour of the respondent/plaintiff whereby the leave to defend application filed by the appellant/defendant was dismissed and the summary suit filed by the respondent/plaintiff was decreed as prayed. 2. Brief facts of the case as disclosed in the plaint are that the respondent had family terms with the appellant and at his request on 21-2-2009 the respondent gave him a loan to the tune Rs.600,000/- in presence of witnesses namely Shafaat Hussain and Mohammad Hanif; when the respondent demanded for return of the loan, the appellant issued him the Cheque No.PLS-4485258 dated 9-2-2010 drawn on Habib Bank…

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