Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.2

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.2

Civil Procedure Code (V of 1908)-------O. XXXVII, R.2---Summary suit for recovery of money---Conditional leave to defend---Defendant-appellant was granted conditional leave to defend the suit by furnishing bank guarantee equivalent to the decretal amount of Rs.10,00,000 with two sureties but he failed to comply with---Trial Court was left with no alternative but to decree the suit and that too, to the extent of principal amount---Order was perfectly in accordance with law and based on correct legal footings and well-founded---Appeal was dismissed by High Court. Saif-ur-Rehman Khan for Appellant. Jamal Abdul Nasir for Respondent. Date of hearing: 8th February, 2013. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA J.--- This regular first appeal has been directed against the judgment and decree dated 28-3-2012 passed by the learned Additional District Judge-IV D.I. Khan, whereby the suit of the respondent Ajab Khan for the recovery of Rs.10,40,000/- has been decreed against the appellant Makhdoomzada Abdul Karim to the extent of principal amount, i.e. 10,00,000/-. 2. Facts of the case as narrated in the appeal in brief are that Ajab Khan plaintiff had instituted the suit against the defendant Makhdoomzada Abdul Karim for the recovery of Rs.10,40,000/- on the grounds enumerated therein. The defendant when was summoned by the trial court submitted an application for leave to defend but in the meanwhile he was arrested by the local police of police station City D.I. Khan in case F.I.R. No.146 dated 6-3-2012 under section 489-F, P.P.C. and thus was committed to jail. Thus he could not join the proceedings before the learned trial Judge who vide his order dated 13-3-2012 granted conditional leave to appear and to defend the suit subject to…

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