Law: Civil Procedure Code (V of 1908)

Section: 1,2,9

Civil Procedure Code (V of 1908)--- ----O.XXXVII, Rr.1, 2 O.XXXVIII, Rr.1, 9---Suit for recovery of money---Leave to appear and defend the suit--- Filing of application by defendant--- Suit for recovery of money on the basis of dishonored Bank cheque was filed by plaintiff/appellant who sought attachment of vehicle of defendant/respondent before ---Trial Court, on application filed by defendant/respondent recalled order of attachment of vehicle---Validity---No application on behalf of defendant / respondent, who had not obtained leave to appear and defend the suit was maintainable, even if such application was an interlocutory or with respect to ancillary matter/respondent was not granted leave to appear and defend the suit by Trial Court and application for release of attached property was not maintainable---High Court set aside order passed by Trial Court as the same was illegal and without jurisdiction---Constitutional petition was allowed, in circumstances. Messers United Distributors Pakistan Limited v. Ahmad Zarie Services and another 1997 MLD 1835; Farooque Ahmed v. Raza Muhammad PLD 2007 Kar. 182 and Syed Itrart Hussain Rizvi v. Messrs Tameer MICRO Finance Bank Limited through Attorney and another 2018 CLD 116 rel. JUDGMENT AAMER FAROOQ, JUSTICE:---.--- The petitioner filed a suit for recovery of Rs.350,000,00/- against respondent No.2 under Order XXXVII Code of Civil Procedure (CPC) apparently on the basis of cheque tendered by respondent No.2 to the petitioner; along with suit the petitioner filed an application for attachment before judgment with respect to vehicle owned by respondent No.2. Notices/summons were issued to respondent No.2 and the application for attachment before judgment was allowed and the referred vehicle was attached. Application was filed by respondent No.2 for release of the vehicle. The referred application was allowed by respondent No.1 vide order dated 08.08.2020, hence the petition. 2. Learned counsel for the petitioner, inter alia, contended that admittedly the leave to defend the suit has not been granted to respondent No.2 yet and it is trite law that till such time the same is done, no application is maintainable on…

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