Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXVII, R. 3---Suit for recovery--Non-filing of affidavit with leave to appear---Effect---Suit for recovery under provisions of O.XXXVII, R. 3, C.P.C. was decreed by Appellate Court on the ground that the application for leave to defend was not supported by an affidavit---Validity---Application for leave to defend/appear be mandatorily supported by an affidavit, and in absence of the same, the defendant could not be deemed to have any defence on merits--- Where the written statement of the defendant was treated as application for leave to defend and was not accompanied by an affidavit, the court would not be justified in allowing the defendant leave to appear and defend the suit---Failure of the defendant to file affidavit, even after_ remand, would also render non-compliance of relevant provision of law which was mandatory in nature. 2005 YLR. 1521 ref. Naeem Iqbal v. Mst. Zarina 1996 SCMR 1530 rel. JUDGMENT WAQAR AHMAD SETH, J.---Impugned herein is the judgment and decree dated 15-3-2007 of. District Judge, Nowshera whereby the suit of the respondent has been decreed as per prayer made in the suit. 2. Precise facts are that respondent/ plaintiff-company filed a suit in terms of Order XXXVII, C.P.C. for the recovery of Rs.11,50,000 with interest against the appellant/defendant-company in the court of District Judge, Nowshera. Appellant/ judgment-debtor was put to notice who submitted written statement instead of application for leave to defend the suit. The trial Court decreed the said suit but on revision, the Peshawar High Court, Peshawar set aside the decree with the direction that the written statement filed by the appellant/defendant be treated as application for leave to -defend the suit and be decided as such on merits in accordance with law, vide judgment dated 12-1-2006. 3. The learned District Judge again decreed the suit of the respondent/plaintiff vide impugned judgment and decree dated 15-3-2007 on the ground that the application for leave to defend is not supported by affidavit, as required under the law, hence this appeal. 4. Learned counsel for the appellant .contended that once the Hon'ble High Court…

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