| Citation(s) |
|---|
| 1990 SLG 3132 1990 SLD 3132 = 1990 PLD 436 |
Civil Suit No.74 of 1973 and Civil Miscellaneous No.3494 of 1985, decided on 6 th May, 1990.
Mamoon Kazi, J
Messrs NATIONAL AND GRINDLAYS BANK LTD.--Plaintiff
VERSUS
ARSHAD ALI KHALID QURESHI and another--Defendants
Law:
Section:
This application, under Order IX, Rule 13 read with section 151, C.P.C. has been filed on behalf of the defendant No.2 against whom the suit was decreed ex parte by a learned Single Judge of this Court vide judgment dated 14-11-1983. This application was, in fact, disposed of earlier by my learned brother Ibadat Yar Khan (as he then was) by order dated 20-4-1987 but on an appeal, filed by the defendant No.2, the said order was set aside by a Division Bench of this Court vide judgment dated 26 - 4-1988 and the case has been remanded for a fresh disposal. The learned Division Bench was of the view that my learned brother had not adequately dilated upon the question, whether sufficient cause had been shown by the defendant for his absence in the case.
2. I have heard the defendant No.2 in person and Mr. S.A.Sarwana, learned counsel for the plaintiff.