Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2 & 3---Institution of summary suit on the basis of negotiable instrument---Leave to defend, grant of---Scope---Leave to defend was granted on the condition of deposit of amount equal to the amount in question---Contention of defendants was that disputed cheque was in their possession and impugned order was without jurisdiction---Validity---Trial Court was empowered to grant leave to defend unconditionally or subject to such terms as to payment into court giving security, framing and recording issues or otherwise as the court deemed fit---Leave to defend granted to the defendants by the Trial Court subject to condition of deposit of amount equal to amount in question was within the jurisdiction of court conferred through the provision of law which was unexceptionable---Revision against the exercise of such powers by the Trial Court was devoid of substance and was dismissed. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:----------- Banaras Khan and Amjad Khan, petitioners, have challenged, through the instant revision petition, order dated 2-7-2014 of the learned Additional District Judge-II, Abbottabad, accepting application of the petitioners/defendants for leave to defend on the condition of deposit of Rs.736000 in the Court within 10 days. 2. The instant revision petition is the result of dispute between the parties over purchase of land measuring one Kanal situated in Patwar Halqa Havelian for consideration of Rs.700000 by respondents Nos.1 to 3/plaintiffs who paid the sale consideration to the petitioners/defendants whereupon Mutation No. 8364 dated 27-2-2013 was got attested in favour of respondents/plaintiffs. However, the transaction was subsequently revoked and the petitioners/defendants handed over cheque for return of amount of Rs.736000 to the respondents/plaintiffs, and a Mutation was also got entered which could not be attested. The petitioners/defendants filed a civil suit which was later-on withdrawn, followed by another civil suit, which, too, was withdrawn on return of original cheque to the petitioners/ defendants in the Court. In the suit of respondents/plaintiffs for…

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