Law:

Section: 1,3

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 1 & 3---Specific Relief Act (I of 1877), Ss.42 & 54---Limitation Act (IX of 1908), S.5---Suit for declaration and injunction and recovery of money---Application for leave to defend suit---Condonation of delay---Plaintiff sold goods to defendant and payment was made in shape of fourteen bank cheques---Cheques were dishonored by the Bank due to insufficient funds---Defendant did not file application for leave to defend the suit within time prescribed in law and sought condonation of delay---Validity---Case based on negotiable instruments for recovery of money under O.XXXVII, C.P.C. was always liable to be decreed when a cheque or a Bill of Exchange or any other negotiable instrument was dishonored---In the present case, upon filing suit for recovery of amount mentioned therein, defendant had failed to file application to obtain leave to defend the same or when defendant filed leave to defend application, same had not disclosed any plausible defence or triable issue or substantial question of fact or law which needed to be tried---Court, in such a situation, was justified in dismissing leave to defend application and passing a decree against defendant---High Court dismissed application under S.5 of Limitation Act, 1908 for condonation of delay---Suit was decreed in circumstances. (b) Negotiable Instruments Act (XXVI of 1881)--- ----S. 80---Interest when no rate specified---Scope---In absence of any rate of interest mutually specified or fixed by parties or mentioned in instrument on amount due, same is chargeable @ 6% per annum until realization of amount due thereof. THIS JUDGMENT DELIVERED BY: SYED SAEEDUDDIN NASIR, JUSTICE:---.--- The plaintiff has filed the present suit under Order XXXVII, C.P.C. for injunction and recovery of Rs.75,153,850/- upto 05.07.2012 with cost of funds with the following prayers: (a) "Permanently restrain the defendants their agents, attorneys, assignees and representatives from selling the Plot bearing No. 6-7, Sector 21, Korangi Industrial Area, Karachi; (b) Attachment of plot bearing No. 6-7, Sector 21, Korangi Industrial Area, Karachi; (c) A decree to be passed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492