Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2 & 3---Institution of summary suit on the basis of cheque---Application for leave to appear and defend the suit---Scope---Application for leave to appear and defend the suit was allowed subject to furnishing surety bond equal to the amount claimed in the suit---Validity---Defendant's affidavit made reference to the application for leave to defend the suit which had been filed along with the said affidavit---Defendant had condescended to the particulars of suit in the said application for leave to appear and defend the suit---Defendant in his affidavit had made reference to the contents of said application that its contents were correct to the best of his knowledge and belief---Affidavit of defendant was albeit short but Trial Court had not committed any illegality by taking it into consideration---Mandatory requirement of filing an affidavit appeared to have been satisfied---No jurisdictional irregularity was pointed out in the impugned order passed by the Trial Court---Revision was dismissed in circumstances. Umar Khan v. Haji Musa Jan 2009 SCMR 1101; Haji Ali Khan and Company v. Allied Bank of Pakistan Ltd. PLD 1995 SC 362; Fine Textile Mills Ltd., Karachi v. Haji Umar PLD 1963 SC 163; Rafique Saigol v. Bank of Credit and Commerce International (Overseas) Ltd. PLD 1996 SC 749 and Javed Qayyum Khan v. Muhammad Ismail Sabri 2002 CLC 439 ref. Zohair Akhtar v. Jawad Adil 2006 YLR 1510 and Sharaaf Ali Shah v. Liaquat Ali Shah 2000 CLC 1646 rel. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through the instant civil revision petition, the petitioner, Shafique Ahmed Qureshi, impugns the Order dated 25.02.2016, passed by the Court of the learned Additional District Judge (West), Islamabad, whereby respondent No. 1's application for leave to appear and defend the suit, filed by the petitioner under the provisions of Order XXXVII of the Code of Civil Procedure, 1908 ("C.P.C."), was allowed subject to furnishing surety bonds in the sum of Rs.13,00,000/- with one surety to the satisfaction of the Trial Court. 2. Learned counsel for the petitioner submitted that on 22.10.2015, the…

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