Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,Rr.2,3

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,Rr.2,3

Law: Limitation Act, 1908

Section: 5,159

(a) Civil Procedure Code (V of 1908)------O. XXXVII, Rr. 2 & 3---Limitation Act (IX of 1908), S.5 & Art.159---Suit for recovery of money lent on basis of pro note---Delay in filing leave application---Defendant's plea was that such application was within time as Trial Court was closed for nine days due to winter vacations---Order of Trial Court granting leave to defend suit subject to furnishing of surety bond by defendant for suit amount---Validity---Delay of each and every day had to be explained sufficiently, otherwise object of summary trial being speedy disposal of cases as envisaged under O.XXXVII, C.P.C., would be defeated---Failure to explain delay sufficiently would result in refusal of leave application---Defendant was served by Process Server on 16-12-2009, while winter vacations started on 24-12-2009---Leave application filed on 5-1-2010 had to be filed on 4-1-2010 i.e. within ten days of such service---Defendant could file leave application within seven days available to him before starting of winter vacations---Exclusion of nine days of winter vacations was doubtful as only Presiding Officer of Trial Court happened to be on leave, while office remained open for institution during such period---Defendant had failed to justify such delay in leave application---Defendant had not filed application under S.5 of Limitation Act, 1908, which he was required to file within ten days---High Court set aside impugned order. 1998 CLC 1135; Syed Sarwar Hussain Zaidi v. Abdul Hameed 1999 MLD 2931 and Bagh Ali v. Habib Bank Limited and 2 others PLD 1986 Lah. 124 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr.2 & 3---Limitation Act (IX of 1908), S.5 & Art.159---Suit for recovery of money lent on basis of pro note---Delay in filing leave application, condonation of---Scope---Delay of each and every day had to be explained sufficiently, otherwise object of summary trial being speedy disposal of cases as envisaged under O.XXXVII, C.P.C., would be defeated---Application under S.5 of Limitation Act, 1908 must be filed within ten days of service---Failure to explain delay sufficiently would result in refusal of leave application. 1998 CLC…

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