| Citation(s) |
|---|
| 1983 SLG 744 1983 SLD 744 = 1983 PLD 448 |
High Court Appeal No. 98 of 1982, heard on 6th December, 1982.
Before Abdul Hayee Kureshi, Actg. C. J. and Z. C. Valiani, J
Habibur Rehman for Appellant. Date of hearing : 6th December, 1982.
NOOR HUSSAIN-Appellant
VERSUS
NOOK ALI-Respondent
Law: Civil Procedure Code (V of 1908)
Section: 3(a)
Civil Procedure Code (V of 1908)
--- O. XXXVII-Law Reforms Ordinance (XII of 1972), S. 3(a)-Leave to defend suit granted by consent. and time and amount of security also fixed by consent-Stating that in case of failure of furnishing security application for grant of leave "shall stand dismissed"-Appellant/. defendant failing to furnish security in' time but applying for further, time-Further time allowed-Appellant/Defendant again not complying with order arid making further application for extension of time- Court rejecting application and decreeing suit-Contention that High Court (on original side) before rejecting application of appellant and decreeing suit could have exercised discretion in favour of appellant by extending time for furnishing security-Held, in such a situation where conditions and time is fixed by Court with consent of the parties no order for variation or extension of time can be passed except by consent of parties.