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Civil Procedure Code (V of 1908), O. XXXVII, r. 2-Summary suit-Execution of promissory note admitted and consideration also not denied-Question whether conditional leave or unconditional leave to defend should be granted-A question entirety within discretion of trial Court. ORDER WAHEEDUDDIN AHMAD, J.-The respondent filed a suit on the 16th March 1970, for the recovery of its. 27,28,752/3, being the balance amount due and payable on a promissory note for Rs. 75 lacks dated the 2 7th September 1967, from the petitioners Nos. 1, 2 and 3, under Order XXXVII, rule 3, C. P. C. The petitioners filed an application for leave to defend the suit and a learned Single Judge of the High Court of Sind & Baluchistan, Karachi, has allowed the petitioners to defend the suit on con­dition that they furnish security for the amount claimed in the suit to the satisfaction of the Nazir of the Court. The petitioners seek permission to file an appeal against the said order. The facts leading to the case are that the petitioners Nos. 2 3 purchased from the Government of Pakistan its shareholding in the Karachi Road Transport Corporation at Rs. 1,35,42,130. Rs. 10 lacs were paid in cash and the rest of the amount was to be paid in four equal yearly instalments commencing from June 1954. They further took loan of Rs. 12,50,000 from the respon­dent-Bank and Rs. 20 lacs from the National Bank of Pakistan, but failed to make any further payment to the Government. In order to discharge the above liabilities, the petitioners Nos. 2 and 3, in December 1966, started transport business in partnership under the name of Khalid Rifat Transport Company. The respondent-Bank agreed to finance petitioner No. 1 on condition that the entire management and financial control of the business of petitioner No. 1 shall be handed over to the nominee of the respondent-Bank until such time as all the liabilities of petitioners Nos. 2 and 3 to the Government of Pakistan and the respondent­ Bank and the other creditors are fully met to the satisfaction of the respondent-Bank. These terms were embodied in an agree­ment dated the .20th January 1967. In pursuance of this agreement, M/s. Industrial Management…

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