Law:

Section:

(a) Civil Procedure Code (V of 1908) --------- ----------O. XXXVII, R. 3 --------- Suit for recovery of money --------- Leave to defend suit --------- Court had the discretion to grant leave to defend suit either unconditionally or conditionally and that discretion had to be exercised judiciously --------- Purpose behind such scheme appeared to be empowering court to strike balance between two situations i.e. where triable issues were raised by defendant, unconditional leave to defend might be granted or where defence was presented with sole object of gaining time then court might insist on some condition --------- If stipulations so required were not complied with, leave granting order would not come into force leaving a very limited choice for court to act otherwise than decreeing the suit after considering merits of case. (b) Civil Procedure Code (V of 1908) --------- ----------O.XXXVII, R.3 & S.115 --------- Leave granting order, appeal against --------- Leave granting order was not appealable but where discretion had been exercised arbitrarily and capriciously by court, aggrieved party can competently assailed same in revision. (c) Civil Procedure Code (V of 1908) --------- ----------O. XXXVII, R. 2(2) --------- Conditions for grant of leave to defend suit --------- Effect --------- Non-compliance of conditions --------- Defendant was obliged to make arrangements for defence of suit and effect of his failure to fulfil the condition --------- Non-compliance would result into his disentitlement to defend the suit on any ground and court in such eventuality would pass a decree in favour of plaintiff. Aftab Iqbal Khichi and another v. Messrs. United Distributors Pakistan 1999 SCMR 1326 and Col. (Retd.) Ashfaq Ahmed and others v. Sh. Muhammad Wasim 1999 SCMR 2832 rel. (d) Civil Procedure Code (V of 1908) --------- ----------S.96 --------- Appeal --------- Maintainability --------- Scope --------- Appellant filed appeal which was withdrawn --------- After such unconditional withdrawal, appellant filed another appeal with an affidavit wherein it was stated that appellant had not engaged the counsel who had withdrawn earlier appeal --------- Held, that neither…

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