Law:

Section:

Civil Procedure Code (V of 1908) O. XXXVII, r. 3(2)Leave to defend.Imposition of conditions for leave to defendNot always necessaryMatter one of discretion of Court and depends upon facts and circumstances of each caseHigh Court finding bona fide allegation of a triable issue prima facie made out and granting unconditional leave to defendOrder held neither unjustified nor unreasonableLeave to appeal to Supreme Court refused. JUDGMENT HAMOODUR RAHMAN, C. J. This is a petition for special leave to appeal from an order of a learned Single Judge of the Sind Baluchistan High Court granting unconditional leave to defend in a suit under Order XXXVII, C. P. C. for the recovery of Rs. 64,985.72 on the basis of a promissory note: In this case, the grounds on which leave to defend was sought was that the money was not advanced on the personal security of the drawer of the promissorynote but on the pledge of goods by delivery to the -PetitionerBank of the documents of title to the goods, namely, bills of lading and insurance policies in the name of the -PetitionerBank ; that the goods covered by these documents were far in excess of the advament made and that the goods had actually been cleared by the plaintiffBank the port of destination which was Chittagong. It was the bank that had thereafter failed to account for the goods to the…

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