| Citation(s) |
|---|
| 2003 SLG 698 2003 SLD 698 = 2003 YLR 2724 |
Civil Revision No.241 of 2003, decided on 19th May, 2003.
Abdul Shakoor Paracha, J
SHAHNAWAZ---Petitioner
VERSUS
ADWISE (PVT.) LIMITED through Chief Executive--Respondent
Law:
Section:
This civil revision impugnes the order dated 25-11-2002, whereby the application under Order 37, rule 4 read with section 151 of the C.P.C., moved by the petitioner, herein, the judgment-debtor, for setting aside the ex parte judgment arid decree dated 30-7-2001, and for restoration of the application for leave to appear and defend the suit, was dismissed in default on 14-7-2001. The brief facts of the case are that Adwise (Private) Limited-respondent, filed a suit under Order 37, C.P.C. for recovery of the amount of Rs.5,00,000 on the basis of a cheque issued by the petitioner-Shah Nawaz. The petitioner appeared in the suit and moved an application for leave to appear and defend the suit. The case was fixed on 26-6-2001. On this date, the petitioner failed to appear and his counsel sought an adjournment which was granted subject to the payment of cost of Rs.1,000 and the case was adjourned to 14-7-2001 the petitioner did not appear on 14-7-2001, and was consequently proceeded against ex parte and his petition for leave to appear and to defend the suit, was dismissed in default. On 11-7-2002, the petitioner moved an application under Order 37, rule 4 read with 'section 151, C.P.C., for setting aside the ex parte judgment and decree dated 30-72001 and for restoration of the application for leave to appear and defend the suit which was dismissed on 14-7-2001. This application was dismissed by the learned Additional District Judge on the ground that there are no reasonable grounds for setting aside the ex parte decree and that the petition is also time-barred. The learned counsel contends that the application for leave to appear and defend the suit was dismissed in default on 14-7-2001 and the application under Order 37, rule 4 of the…