Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.3

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.3

Law: Negotiable Instruments Act, 1881

Section: 118

(a) Civil Procedure Code (V of 1908)-------O. XXXVII, R. 3---Suit for recovery---Direction to the defendant lo deposit disputed amount in court---Scope---Application for leave to defend by the defendant was allowed with the direction to the defendant to deposit the recovery amount in the court---Defendant contended that condition on the defendant for depositing the said amount with the court was arbitrary and therefore, the order of the Trial Court should be set aside to such extent---Validity---Court under O.XXXVII, Rule 3, C.P.C. had the discretion lo grant leave to defend conditionally or unconditionally and could, amongst other things, direct payment of the amount in dispute to be deposited with the court ----No illegality in the impugned order having been found, revision was dismissed. Bashumal v. Dr. Zahoor Ahmad Sheikh 2008 SCMR 39; Abdul Karim Mengal v. Sultan Badshah 2010 YLR 2596 and Muhammad Azad v. Malik Zahoor 2008 CLD 1128 rel. (b) Negotiable Instruments Act (XXVI of 1881)--- ----S. 118---Execution of a cheque, prima facie, carried the presumption that the same was issued against some consideration. Muhammad Azhar Sulehria for Petitioner. ORDER SHUJAAT ALI KHAN, J.--- By means of this revision petition the petitioner has called in question the vires of order dated 5-7-2012 whereby the learned Additional District Judge, Hafizabad while accepting the application of the petitioner for leave to appear and defend the suit filed by respondent No.2 for recovery of Rs.21,00,000/- on the basis of cheque issued by the petitioner, directed the petitioner to deposit the amount in question in the Court. 2. Briefly put, the respondent No.2 filed a suit under Order XXXVII, C.P.C. for recovery of Rs.21,00,000/- against the petitioner. The petitioner filed an application for grant of leave to appear and defend the suit which came up for final hearing on 5-7-2012 when the same was allowed and the petitioner was directed to deposit Rs.21,00,000/- in the Court. Aggrieved by the said order the petitioner has filed the instant petition for setting aside thereof. Being confronted with the query that if the prayer made in this revision petition is granted, the order…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492