Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,Rr.2,3,S.151

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,Rr.2,3,S.151

(a) Civil Procedure Code (V of 1908)-------O. XXXVII, Rr. 2 & 3---Institution of summary suit on negotiable instrument---Leave to defend---Principles---If the defendant had succeeded to show a plausible defence or was able to establish that there was some substantial question of fact or law, then he was entitled to the grant of leave to defend---If it seemed that the defence was vague or unsatisfactory or there was doubt as to its genuineness, even then leave should not be refused but certain conditions could be imposed---Court trying summary suit was required to see that there was bona fide allegation of triable issue which was not illusory and court need not to be satisfied that defence would succeed and it was enough that defence was verified by oath. PLD 1963 SC 163 and 1995 SCMR 925 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2, 3 & S.151---Institution of summary suit on negotiable instrument---Application for exemption to furnish bank guarantee---Inherent powers of court---Plaintiff filed suit for recovery of money wherein application for permission to appear and defend the suit was moved which was accepted by the Trial Court and defendant was granted conditional leave to defend the suit by furnishing bank guarantee---Defendant filed application under S.151, C.P.C. for exemption to furnish bank guarantee which was dismissed by the Trial Court---Validity---Trial Court should have allowed the parties to adduce evidence---Defence taken by the defendant was not illusory---Condition of furnishing bank guarantee was based upon the pendency of criminal cases---Triable issue had been raised by the defendant---No sufficient ground existed for imposition of condition of furnishing bank guarantee---Appeal was accepted. PLD 1963 SC 163 and 1995 SCMR 925 ref. Sabir Hussain Shah for Appellant. Mobarak Ahmed for Respondent No.1. Date of hearing: 2nd February, 2013. ORDER AFTAB AHMED GORAR, J.- Through this 1st Appeal filed under section 96, C.P.C., the appellant has challenged the judgment dated 1-9-2010 passed by learned VIth Additional District Judge, Karachi East whereby, he dismissed application under section 151, C.P.C. for exemption to…

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