Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr. 1 & 2---Constitution of Pakistan, Art. 185(3)---Recovery of money---Promissory note---Conditional leave-Non-¬recording of evidence---Suit was decreed in favour of plaintiff on failure of defendants to comply with condition imposed by Trial Court while granting leave to defend the suit---Validity---Trial Court had considered and brought on record the pro notes and receipts executed in favour of plaintiff, so it could not be said that Trial Court did not apply its mind to the facts of case or that the suits were decreed without any evidence---It was within the discretion of Trial Court to grant leave to defend the suit subject to imposition of condition, therefore, order of Trial Court in that regard was perfectly legal and could not be challenged by defendants---Sufficient time was given to defendants to comply with direction of Trial Court vis-a-vis furnishing of surety bonds but same were not complied with for no justifiable reasons---Trial Court rightly dismissed applications of defendants seeking leave to defend---Defendants failed to point out any irregularity or infirmity in the s passed by courts below---Supreme Court declined to interfere in the s passed by the courts below in favour of plaintiff---Leave to appeal was refused. Haji Ali Khan and Company, Abbottabad and 8 others v. Messrs Allied Bank of Pakistan Limited, Abbottabad PLD 1995 SC 362 and Abdullah v. Shaukat 2001 SCMR 60 rel. Khan Dil Muhammad Khan Alizai, Advocate Supreme Court for Petitioners (in all cases). Nemo for Respondent (in all cases). Date of hearing: 10th June, 2009. JUDGMENT MUHAMMAD FARRUKH MAHMUD, J.---All these petitions seeking leave to appeal are directed against judgments dated 13-2-2007 handed down by learned Judge in Chambers of Lahore High Court, Multan Bench, Multan whereby R.F.A. No. 232 of 2000, R.F.A. No.233 of 2000, R.F.A. No, 234 of 2000, R.F.A. No. 57 of 2001 and R.F.A. No. 56 of 2001 were dismissed. As common points of law and similar facts are involved in the petitions, these are being decided through this consolidated judgment. Respondent instituted suits for recovery of Rs. 25,000 each against petitioner…

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