Law: Civil Procedure Code (V of 1908)

Section: XXXVII,1,2

Civil Procedure Code (V of 1908)-------O.XXXVII, Rr. 1 & 2---Suit for recovery of money on the basis of bank cheque--Leave to appear and defend the suit, grant of---Condition of furnishing surety--Petitioner/Insurance company instituted suit for recovery against respondents/defendants---Trial Court granted conditional leave subject to deposit of surety---Validity---Respondents/defendants denied issuance of cheques and had also denied having authorized petitioner/insurance company to encash the cheques--Question regarding maintainability of two suit was also raised---Trial Court exercised its discretion in accordance with law and principles settled in such regard---Supreme Court declined to interfere in judgments passed by Trial Court and maintained by High Court---Petition for leave to appeal was dismissed and leave to appeal was refused.Mian Rafique Saigol and another v. Bank of Credit and Commerce International (Overseas) Ltd. and another PLD 1996 SC 749; Fine Textile Mills Ltd. Karachi v. Haji Umar PLD 1963 SC 163; Kodak v. Alpha Film Corporation (1930) 2 K B 340 and Abdul Karim Jaffarani v. United Bank Ltd. and others 1984 SCMR 568 rel.Date of hearing: 15th November, 2024.ORDERATHAR MINALLAH, J.---In both the petitions before us, M/s Adamjee Insurance Company Limited ('petitioner-company') has sought leave under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 ('Constitution') against judgment dated 09.12.2021 passed by the High Court whereby the respective civil revisions were dismissed and consequently the orders passed by the trial court, granting leave to appear in and defend the two separate suits subject to furnishing surety equivalent to the amount claimed, were upheld.2.    The petitioner-company had filed two separate recovery suits by adopting the summary procedure provided under Order XXXVII of the Code of Civil Procedure 1908 ('C.P.C.'). The respondents filed applications for grant of leave to appear and defend the suits. Rejoinders were also filed by the petitioner-company. The trial court allowed the applications and granted leave to appear and defend the suits subject to furnishing surety…