Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII, R. 3

Civil Procedure Code (V of 1908) O.XXXVII, R. 3 & Form 4, Appendix-B---Suit for recovery of money---Non-issuance of proper notice---Copy of plaint provided in proceedings of criminal case---Valid service, question of---Appellant/defendant was aggrieved of dismissal of his application for leave to defend the suit on the ground that proper notice was not issued by Court---Plea raised by respondent / plaintiff was that copy of plaint had been provided to appellant / defendant during proceedings under criminal law---Validity---If defendant in summary suit is given a copy of plaint when he appears in criminal case, it is not a good service---Summonses were to be in the prescribed Form and with the summons a copy of plaint was to be attached to show nature of the suit enabling appellant / defendant to file application for leave to defend the suit within the prescribed period of ten days---Although summons was served upon appellant / defendant, yet till the time he appeared in Court and filed application for leave to defend the suit officially and on record the copy of plaint was not handed over to him---High Court set aside the order passed by Trial Court dismissing application for grant of leave to appellant / defendant and he was granted condition leave to defend the suit---Appeal was allowed accordingly.        2012 YLR 1694; PLD 1998 Lah. 163; 2010 CLC 1184; 2001 MLD 1759; PLD 1984 Kar. 252; 1993 CLC 2217 and 2003 YLR 2583 ref.               Date of hearing: 12th August, 2025. JUDGMENT        MUHAMMAD IQBAL KALHORO, J.---A summary suit was filed by respondent against appellant for recovery of Rs.20,00,000/- (Twenty Lacs) based on two cheques of Rs.10,00,000/- each. After service, appellant filed an application under Order XXXVII, Rule 3, C.P.C. seeking leave to defend the suit which has been dismissed by the impugned order by learned trial Court holding that the application is time barred. 2.    Appellant was served on 26.11.2021, whereas, he filed application for leave to defend on 23.12.2021 after the prescribed time of ten…