Law: Civil Procedure Code (V of 1908)

Section: XXXVII,1,2,115

Civil Procedure Code (V of 1908)-------O.XXXVII Rr.1, 2 & S. 115---Recovery suit on the basis of cheque---Ex parte proceedings in summary suit---Production of evidence in proof of claim, requirement of---Scope---Principle of natural justice and procedured fairness--Contention of the petitioner/plaintiff was that since an ex parte order had been passed against the defendants/respondents, thus, instead of passing an order for production of evidence of the plaintiff, Trial Courts hould have decreed the suit--Validity---In summary suits under O. XXXVII, C.P.C., where defendants are proceeded against ex parte, the plaintiff is still required to lead evidence to prove his claim---Ex parte decree in a summary suit under O. XXXVII, C.P.C. is not automatic---Plaintiff must provide sufficient evidence to allow the court to scrutinize the genuineness of the claim for ensuring that the judgment is based on solid proof---Necessity of recording plaintiff's evidence, even in ex parte summary suit proceedings, stems from principles of natural justice and fairness in procedure--Civil revision was dismissed in limine in circumstance.ORDERSHAKEEL AHMAD, J.---This is a revision from an order dated 11.10.2024 of the learned Additional District Judge-XII, Peshawar, whereby and whereunder the petitioner was directed to deposit diet money for the official witnesses within 03 days and also to ensure availability of his private witnesses for next date of hearing i.e. 28.10.2024.2.    The facts of the case, in brief, are that the plaintiff/ petitioner brought a summary suit for recovery of Rs. 2,304,000/-. It was stated in the plaint that on 01.01.2024 the defendants/ respondents issued a cheque bearing No.006896015 amounting to Rs. 2,304,000/-, but it was bounced when presented to the bank concerned for encashment. Pursuant to the summons issued by the learned trial Court, the defendants/ respondents put their appearance, submitted vakalatnama on 07.08.2024 and the case was adjourned to 24.09.2024. On the said date, they (defendants/ respondents) failed to appear before the learned trial Court and, hence, were placed ex-parte. Vide order dated 11.10.2024, the…