Law: Code of Civil Procedure (CPC) , 1908

Section: XXXVII Rule 3,115

Summary of the Order:

Case Overview: The applicant challenged the order dated 17.02.2025 passed by the VIth Additional District Judge, Malir at Karachi in Summary Suit No.37 of 2024. The trial court had allowed the defendant’s application to defend the suit, but subject to the defendant furnishing surety equivalent to the amount of the suit cheque.

Applicant's Argument: The applicant contended that the trial court's order was legally and factually incorrect. The applicant argued that the surety amount should not have been equivalent to the suit cheque amount and that the order was passed without recording evidence, which was arbitrary and unlawful. The applicant also highlighted that a civil case concerning the cancellation of the subject cheques was still pending.

Trial Court’s Findings: