Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr.2 & 3---Suit for recovery of amount---Failure to fulfil the condition on which leave to defend was granted---Effect---Defendant failed to furnish security after leave to defend was granted conditionally---Application for extention of time was rejected and suit was decreed by Trial Court---Validity---Person who did not obey the lawful order of the court, had no right to contest the matter---Failure of defendant to comply with order of the Trial Court, justified the court to decree the suit---Defendant undertook to deposit the decretal amount with the Appellate Court but deposited indenture of the lease of a property instead---Appellant had filed appeal to prolong executions and obtain undue benefit of the money payable by the defendant---"One who seeks equity must do equity"---Equity moved to the aid of law and not to defeat law---Equitable relief could not be granted to the person whose claim rested upon illegality or mala fide---Appeal was dismissed for being devoid of merits. [pp. 1807, 1808] A & B Sher Ali Akhtar v. Messrs Habib Bank Limited and another 1992 CLC 1964; Manzoor Ahmed v. Muhammad Iqbal 1994 SCMR 560; Agha Jee Cotton Factory v. Hakim Trading Company Rahimyar Khan 1995 CLC 302; Hazoor Bakhsh v. Ghulam Farid 1996 MLD 704; Syed Sharaf Ali Shah v. Syed Liaquat Ali Shah 2000 CLC 1646; Zahoor Ahmed v. Asif Hussain 2001 MLD 1759; Balooch Akbar Khan v. Muhammad Hussain and another 2004 CLC 356; Muhammad Ali Nawaz v. Sh. Muhammad Aslam PLD 2010 Lah. 219; Muhammad Ramzan and others v. Ghulam Qadir 2011 SCMR 659 and Messrs Industrial Air Control (Pak) (Pvt.) Limited, Karachi and 2 others v. Messrs Alpha Insurance Company Ltd. 1994 CLC 1526 ref. Muhammad Jaffar v. The State PLD 1984 Kar. 127 and Iftikhar Ahmad v. Muhammad Younus Khan 1982 CLC 2114 rel (b) Equity--- ----Principle---One who seeks equity must do equity---Equity moved in the aid of law and not to defeat law---Equitable relief could not be granted to the person whose claim rested on illegality or mala fide. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, J.--- Through this appeal, the appellant has assailed the legality and propriety of…

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