Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2 & 3---Suit on the basis of negotiable instruments---Application for leave to appear and defend the suit---Scope---Defendant filed application for leave to appear and defend the suit which was dismissed by the Trial Court---Validity---Two distinct versions one by the plaintiff and other by the defendant were on record---Divergent stands required probe and same could not be decided without affording opportunity to both the sides to adduce evidence---Impugned order was short of reasoning and same could not be termed as a speaking order---Impugned order was set aside and leave to appear and defend the suit was granted subject to furnishing Bank guarantee or surety equal to the disputed amount to the satisfaction of Trial Court---Trial Court was directed to conclude the trial within two months---Revision was allowed in circumstances. THIS ORDER PASSED BY: MUHAMMAD ANWAR KHAN KASI, CHIEF JUSTICE:------------- This revision petition is directed against order dated 05.10.2015, passed by learned Addl. District Judge-III Islamabad-East, whereby application of the petitioner/defendant for leave to appear and defend in suit under Order XXXVII, filed by respondent for recovery of Rs.82-Lac along with mesne profit, was dismissed. 2. Brief facts of the case are that respondent filed a suit under Order XXXVII, Rule 1, C.P.C. against petitioner with the averments that the latter promised to transfer land measuring 5-kanal situated in Sanjaliyan Bhara Kahu, against sale consideration of Rs.82/-lac in his favour but subsequently failed to do so and in order to repay the consideration, issued a cheque amounting to Rs.82/-lac, which on presentation stood dishonoured by the concerned bank. 3. In response to notice, petitioner entered appearance and filed an application for leave to appear and defend but the same was dismissed vide impugned order, which necessitated this petition. 4. Learned counsel pressed this petition, inter alia, on the grounds that while passing the impugned order, learned trial court ignored that a 3rd party had transferred land measuring 5-kanal in favour of respondent acting as guarantor whereafter…

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