Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.2,3

Civil Procedure Code (V of 1908) --- ----O. XXXVII, Rr. 2 & 3---Summary suit on the basis of cheque---Petition for leave to appear and defend the suit was dismissed and suit was decreed after recording of evidence---Validity---Defendant had not denied financial relationship with the plaintiff and execution of impugned cheque---Impugned and decree had been passed after perusing of available record---Plaintiff had established execution of partnership agreement, acknowledgment and maintaining of account by the defendant in the Bank---Alleged cheque had been dishonoured due to insufficient amount which was issued against consideration---Trial Court had rightly dismissed the application for leave to appear and defend the suit---Suit had been decreed on proper appreciation of law and evidence on the subject---Appeal was dismissed, in circumstances. Messrs ARK Industrial Management Ltd. v. Messrs Habib Bank Limited PLD 1991 SC 976; Fine Textile Mills Ltd., Karachi v. Haji Umar PLD 1963 SC 163; Kodak v. Alpha Film Corporation (1930) 2 KB 340; Haji Ali Khan and Company, Abbottabad and 8 others v. Messrs Allied Bank of Pakistan Limited, Abbottabad PLD 1995 SC 362; Messrs National Security Insurance Company Limited and others v. Messrs Hoechst Pakistan Limited and others 1992 SCMR 718 and Rana Mumtaz Ahmed Noon v. Muhammad Javed Khan 1999 SCMR 1845 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.---- This appeal is directed against the judgment and decree of the learned trial Court dated 12.03.2018, whereby the learned trial Court has decreed the suit of the respondent for recovery of Rs. 3,902,500/- filed under Order XXXVII of the Civil Procedure Code, 1908 ("C.P.C.") and the application for leave to defend filed by the present appellant was dismissed vide order dated 22.01.2018. 2. Essential facts of the case are that the plaintiff/respondent had instituted a suit on 30.10.2017 against the present appellant for recovery of Rs. 3,902,500/-. It was averred in the plaint by the plaintiff that he as well as the present appellant are government contractors, therefore, with their mutual partnership, two contracts were assigned to them for constructions of two…

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