Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr.1 & 2---Suit for recovery of money on the basis of dishonored cheques---Conditional leave to defend the suit---Failure to comply with the condition---Suit filed by plaintiff was decreed by Trial Court as defendant failed to comply with the conditions imposed at the time of grant of leave to defend the suit---Validity---Once conditional leave was granted to defendant to appear and defend the suit filed by plaintiff, defendant could only appear and defend the suit when the condition for grant of leave to defend was met---Defendant having failed to meet the condition imposed by Trial Court, Trial Court was justified in decreeing the suit of plaintiff---Defendant had taken full responsibility of paying share of plaintiff and post-dated cheques issued by him to plaintiff which were in fact for payment of the share of plaintiff in respect of his investment in Joint Venture Agreement---High Court declined to interfere in and decree passed by Trial Court in favour of plaintiff---Appeal was dismissed in circumstances. United Distributors Pakistan Limited v. Ahmad Zarie Services and another 1997 MLD 1835 rel. Fidaaly v. Syed Iqbal Shabbir and another PLD 1960 (WP) Kar. 241 and Industrial Control (Pak) (Pvt.) Ltd. and others v. Alpha Insurance Company Limited and another 1994 CLC 1526 ref. Raheel Ali Bhatti for Appellant. Raja Sikandar Khan for Respondent No.1. Nemo for Respondent No.2. Date of hearing: 7th August, 2013. JUDGMENT SADIQ HUSSAIN BHATTI, J.--- The appellant is aggrieved by the judgment dated 26-11-2012 and the Decree dated 27-11-2012 passed by learned 1st Additional District Judge, Karachi Central in Summary Suit No.22 of 2011, filed by respondent No.1, whereby the suit was decreed. Hence the present first appeal. 2. Brief facts of the case are that the appellant is a builder by profession. By way of a tripartite agreement dated 4-10-2006, the appellant and respondent No.1 along with one Muhammad Hanif Kodvani, entered into a Joint Venture for construction of a project by the name of "Shan Tower" and the respondent No.1 invested a sum of Rs.10,000,000 (Rupees One Crore) only in the said project.…

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