Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr. 2 & 3---Recovery suit based on negotiable instrument---Application for leave to appear and defend the suit---Contention of plaintiff was that leave to appear and defend the suit should be granted subject to some payment or furnishing a reasonable security---Validity---No condition was necessary for granting leave to appear and defend the suit by furnishing any sort of security or any payment---Trial Court, granting application for leave to defend had passed the impugned order while looking into the relevant material placed on the file which could not be termed as illegal or unlawful one---Revision was dismissed in limine. Muhammad Afzal Shad for Petitioner. ORDER ATIR MAHMOOD, J.--- This civil revision is directed against the order dated 2-11-2013 passed by the learned Additional District Judge, Shorkot whereby the application for leave to appear and defend the suit filed by the respondent-defendant was accepted. 2. The brief facts of the case are that the petitioner filed a suit for recovery of Rs.15,00,000/- under Order XXXVII rule 1 of C.P.C. against the respondent, Muhammad Siddique alleging that the petitioner is pensioner from Army and after retirement, he was employed as Security Guard in Muslim Commercial Bank Limited, Shorkot and presently he is running a business. It is also alleged that he has saved some amount for his necessities and on 20-9-2011, the respondent, who is a goldsmith demanded Rs.15,00,000/- as loan from the petitioner for the purchase of gold for a period of six months. On 25-9-2011, the petitioner gave Rs.15,00,000/- to the respondent in presence of Muhammad Ashfaq and Manzoor Hussain P.Ws. while the respondent handed over a Cheque No.MCB 087067 Kaki Nau Branch Code No.0406 under Account KBA/AC180-4 Tehsil Shorkot, District Jhang. The petitioner presented the cheque in the concerned bank after expiry of the date of commitment i.e. 26-3-2012 but the same was dishonuored. Thereafter petitioner approached the respondent along with the witnesses and demanded his money back as the cheque was dishonoured but the respondent refused to return the amount giving the reference of…

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