Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.2,3,4

Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2, 3 & 4---Suit for recovery of amount---Dishonouring of cheque---Summary procedure on negotiable instruments---Power to set aside decree---Coercion---Undue force---Scope---Respondent filed suit for recovery of amount mentioned in cheque, dishonoured on presentation---Appellant effected compromise on the very next day with the respondent and the suit was decreed---Plea of appellant was that he was coerced and forced by respondent for recording his compromise statement---Validity---Before filing appeal, appellant never complained before the executing court regarding the alleged coercion, pressure or undue force against the respondent despite the fact that he was duly represented by his counsel---Appellant had concealed the material facts regarding his active participation before the executing court---Appeal, being bereft of merits, was dismissed. 2010 SCMR 78 and 1997 SCMR 586 distinguished. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.---- The appellant has challenged the validity of judgment and decree dated 09.03.2017 passed by the learned Additional District Judge-I, Mansehra, vide which the suit of the respondent filed under Order XXXVII of the Civil Procedure Code, 1908, (the Code) was decreed on the basis of compromise statement of the appellant recorded on 09.03.2017. 2. Brief facts of the case are that respondent No.l filed a suit under Order XXXVII of the Code against the appellant before the learned trial court for recovery of Rs. 1,05,00,000/- (one crore five lacs) on the basis of cheque issued by the appellant bearing No. 13545828 of MCB, Mansehra dated 20.12.2016, which was dishonoured on its presentation before the concerned Bank. The suit was filed on 08.03.2017 by the respondent and on 09.03.2017 i.e. on the very next day, the appellant appeared before the Court and submitted application for early hearing of the case on the ground of compromise. The learned trial court requisitioned the case file, recorded statement of the appellant and vide impugned order and decree dated 09.03.2017, decreed the suit of the respondent, hence the instant appeal. 3. Learned counsel for the…

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