Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr. 2 & 3(2)---Summary suit for recovery of money---Leave to defend granted---Conditional upon bank guarantee equivalent to the claimed amount---Substitution of bank guarantee by deposit of original title documents of property of equivalent value---Permissibility---Trial Court allowed application of defendant for leave to defend but made it conditional upon submission of bank guarantee equivalent to the amount claimed in the suit---Defendant made an application seeking substitution of bank guarantee with deposit of title documents of property of equivalent value---Said application was rejected by the Trial Court and High Court---Validity---Substitution of bank guarantee as security with original title documents of property of equivalent value ought to have been allowed in circumstances of the case---Issue relating to deposit of original title documents as security had already been decided by the Supreme Court when the case was remanded to the High Court with the direction to accept the original title documents of property as surety---Orders of High Court and Trial Court were set aside in circumstances and matter was remanded to the Trial Court with the direction that original title documents of property deposited by the defendant shall be treated as security for the purposes of grant of leave to defend---Appeal was allowed accordingly. Anwar Hussain, Advocate Supreme Court for Appellant. Respondent Ex parte. Date of hearing: 23rd July, 2014. ORDER AMIR HANI MUSLIM, J.---The facts relevant to the filing of these proceedings are that the respondent filed a Suit under Order XXXVII, Rule 2, C.P.C. on the basis of the cheques claimed to have been issued by the appellant for recovery of an amount of Rs.25,80,000. 2. On notice, the appellant made an application for leave to defend, which application was allowed conditionally by the District Judge, Karachi (South) on the terms that the appellant shall submit Bank guarantee to the tune of claimed amount. The appellant made an application for exemption of the condition, which application was dismissed. The appellant made another application seeking substitution of…

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