Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2 & 3---Suit on the basis of negotiable instrument---Application for leave to defend---Limitation---Trial Court dismissed application for leave to defendant being barred by time and decreed the suit---Validity---Defendant appeared before the Trial Court and moved an application that he needed copies of plaint as same had not been supplied---Defendant also sought copies of the pleadings when Vakalatnama was filed by his counsel---Nothing was on record that copies of plaint and annexures were provided to the defendant---Application for leave to defend was filed within 10 days of the time when defendant was provided the copies---Application for leave to defend could not be filed prior to having copies of the plaint---Impugned and decree were set aside and matter was remanded to the Trial Court for decision afresh from the stage of hearing of application for leave to defend within a specified period---Appeal was disposed of accordingly. Ali Akber v. Gulzar Ali Shah PLD 1984 Kar. 252; Cotton Export Corporation of Pakistan (Pvt.) Limited v. Messrs Nagina Cotton Industries Ginning, Pressing and Oil Mills and 6 others 1993 CLC 2217 and Mst. Khursheed Begum v. Ahmed Bakhsh and another PLD 1985 SC 405 ref. Ali Akber v. Gulzar Ali Shah PLD 1984 Kar. 252 rel. JUDGMENT SHAHAB SARKI, J.---This Civil appeal has been filed against the judgment dated 12-2-2014 passed in Summary Suit No. 27 of 2012 Re­-Khuda Bux v. Amir Ali passed by IIIrd Additional District Judge, Khairpur and consequent decree dated 17-2-2014. Briefly stated the facts of this appeal are that respondent/ plaintiff filed a summary suit against the appellant stating therein that the appellant/defendant borrowed a hum of Rs. 350,000 from him on 13-5-2012 for a period of one month and issued his Cheque dated 15-6-2012. Thereafter when the above referred Cheque was dishonoured upon presentation the subject suit was filed on 11-10-2012 which was duly registered and notices were ordered to be issued. The notices remained unserved for a few days and they were repeated on 17-11-2012 whereafter on the next date of hearing on 27-11-2012 the appellant was present…

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