Law: Civil Procedure Code (V of 1908)

Section: O.XLIII,XXXVII,R.1,2,4,S.104

Law: Pakistan Penal Code, 1860

Section: 489-F

Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2 & 4---Summary suit on the basis of cheque---Ex-parte decree, setting aside of---Expression "special circumstances" as mentioned in O.XXXVII, R.4, C.P.C.---Scope---Application for setting aside of ex-parte decree was dismissed being time barred---Validity---Ex-parte decree could be set aside when there were special circumstances---Case of applicant should have been considered on merit---Nothing was on record with regard to presentation of cheque before the Bank concerned and the fact that as to whether defendant had received any notice along with copy of the plaint---Special circumstances existed to set aside the decree enabling the defendant to present his application for leave to defend---Impugned order passed by the Trial Court was set aside---Defendant was to file an application before the Trial Court for leave to defend---Revision was allowed, in circumstances. Shamsul Haq and others v. Mst. Ghoti and 8 others 1991 SCMR 1135; Haji Ali Khan and Company, Abbottabad and 8 others v. Messrs Allied Bank of Pakistan Limited Abbottabad PLD 1995 SC 362; National Bank of Pakistan v. Tradewell (Pakistan) Corporation and 2 others 1991 CLC 1243; Tahir A. Khan v. Messrs United Air Travels Ltd. and others 2004 YLR 416 and Mst. Tahira Taj v. Hakim Shah 2011 CLC 950 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.--- Through the instant regular first appeal, the appellant has called into question the order of the learned Trial Court dated 10.06.2016, whereby his application for setting aside ex-parte decree dated 31.01.2015 passed against him in suit bearing No. 10/1 of 2014 was dismissed. 2. Essential facts leading to the institution of the present appeal are that on 19.11.2014, the respondent had filed a suit for recovery of Rs.600,000/- against the present appellant before the learned District Judge/Zilla Qazi Malakand at Batkhela under Order XXXVII of the Civil Procedure Code, 1908 ('The Code'). It was alleged in the plaint that the present appellant had provided him a cheque on 20.11.2013 for an amount of Rs. 600,000/-, however the same was dishonored. The said suit was decreed ex-parte against the…

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