Law: Civil Procedure (Special Provisions) Ordinance, 1968

Section: 2,3

Law: Limitation Act, 1908

Section: 159

Civil Procedure Code (V of 1908)---O. XXXVII, Rr. 2 , 3---Limitation Act (IX of 1908), Art. 159---Suit for recovery---Application for leave to appear and defend a summary suit---Limitation---Scope filed a summary suit for recovery of certain amount---Upon service, the appellant applied for leave to defend but the same was dismissed being hopelessly time-barred---Suit was decreed as prayed for---Validity had categorically stated in the application for leave to defend that promissory note was fraudulently and invalidly prepared---Such argument of appellant was required to be looked into by the Trial Court in its true perspective without prejudice to the earlier findings on the subject---Impugned order and decree were set aside---Matter was remanded to the Trial Court for fresh decision on merits---Appeal was disposed of accordingly. Naeem Iqbal v. Mst. Zarina 1996 SCMR 1530 ref. ORDER: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Through this appeal under Section 96, C.P.C., the appellant has impugned the order dated 19.3.2018 and decree dated 24.3.2018 passed by learned Additional District Judge, Matiari in Summary Suit No.3 of 2017. 2. From the perusal of impugned order dated 19.3.2018, it reflects that the respondent filed a Summary Suit No.03 of 2017 [Asif Ali Khyber v. Ghulam Hyder for recovery of Rs.10,00,000/- in the Court of Additional District Judge, Matiari. Upon service, the appellant applied for leave to defend, but the same was dismissed being hopelessly time-barred and the suit of respondent / plaintiff was decreed as prayed in the sum of Rs.10,00,000. 3. Syed Shahzad Ali Shah, learned counsel for the appellant contends that the order and decree dated 19.3.2018 and 24.3.2018 respectively besides being erroneous have been passed against the law; that the judgment and decree passed in violation of Article 10-A of the Constitution; it is submitted that learned trial court without giving an opportunity of hearing to the appellant has passed the impugned judgment and decree, which is not sustainable under the law and is liable to be set aside; besides that he put all his defence in the application for leave to defend but, the same could not be considered while…

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