Law: Civil Procedure Code (V of 1908)

Section: R-2,O.XXXVII,Rr.2,3

(a) Civil Procedure Code (V of 1908)---O. XXXVII, Rr. 2 & 3---Suit for recovery of amount on basis of dishonored cheque---Leave to defend suit, application for--Defendant's plea that son-in-law of plaintiff was Accountant of defendant, who while leaving job without intimation took away books of accounts and cheque books belonging to defendant; that before filing suit by plaintiff, defendant had registered criminal case against plaintiff and his son-in-law---Trial Court accepted leave application subject to furnishing of Bank guarantee by defendant equal to suit amount---Validity---Imposition of condition was discretion of court which should not be harsh---Defendant had plausible defence---Instead of imposing harsh condition of submission of bank guarantee, defendant could be directed to submit personal surety bond or surety of any other person supported by documents of title of immovable property having value equal to suit amount---High Court modified impugned order and directed defendant to submit such bond within specified time. Agha Jee Cotton Factory v. Hakim Trading Company Rahim Yar Khan 1995 CLC 302; Saran v. Haji Mahmood NLR 1994 AC 658; Khalid Javed and Co. v. Javed Oil Industries 1988 SCMR 391; Messrs Ark industrial Management Ltd. v. Messrs Habib Bank Limited PLD 1991 SC 9.76; Muhammad Tariq Siddiqui v. Nasir All and another 2011 CLC 191 and Raja Saeed Ahmad Khan v. Sabir Hussain 2000 CLC 199 ref. Abdul Rauf Ghauri v. Mrs. Kishwar Sultana and 3 others 1995 SCMR 925 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2 & 3---Suit for recovery of amount on basis of negotiable instrument---Leave to defend suit--Imposition of condition by court while granting such leave---Scope---Imposition of condition being discretion of court, such condition should not be harsh. Abdul Rauf Ghauri v. Mr. Kishwar Sultana and 4 others 1995 SCMR 925 rel. JUDGMENT KH. IMTIAZ AHMAD, J.---This Civil Revision is directed against the order dated 26-11-2008 passed by the learned Additional District Judge, Multan, who while allowing the petition to defend the suit filed under Order XXXVII, C.P.C. imposed the condition of submission of bank guarantee equal to…

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