Law: Civil Procedure Code (V of 1908)

Section:

      Civil Procedure Code (V of 1908)-- ----0. XXXVII, Rr. 2 & 3---Constitution of Pakistan (1973) Art.199---Leave to appear and defend---Suit for recovery of loan---Overdraft facility---Conditional leave to appear and defend granted to petitioner on furnishing security-- Petitioner challenged order of furnishing security---Contention of petitioner was that on basis of one account two suits had been filed---Loan was obtained by petitioner in name of Agency of which petitioner was proprietor while another loan was secured by different documents in name of his proprietary firm---Prima facie there seemed to be two separate accounts and petitioner further contended that statement of account filed by Bank was incorrect---No details were however given of incorrect entries--- Held,Court was justified in granting conditional leave for defending suit as it did not suffer from any illegality or lack of jurisdiction nor discretion exercised by Court was arbitrary or perverse---Order was based on proper appreciation of facts and was upheld but time for furnishing security was extended. P L D 1963 SC 163; P L D 1983 Kar. 431; P L D 1986 Kar. 157 and 1975 S C M R 393 ref.   Civil Procedure Code (V of 1908)--- ----OXXXVII, Rr.l & 2---Leave to appear and defend suit---Security---Grant of leave with or without security is within discretion of leave granting Court. 1973SCMR100and1973SCMR587rel. Ismail Kassim for Petitioners. Naseer Ahmed for Sayeed A. Shaikh for Respondents. Date of hearing: 18th April, 1989. JUDGMENT SALEEM AKHTAR, J.--These petitions will be disposed of by this judgment. A.D. Shahid Malik, the petitioner in both the petitions is carrying on business in the name and style of Malik Dyes and Chemicals Co. and Pak Arab Trading Agency. Respondent No. l filed suit No.323/84 against Shahid Malik and his wife (petitioner No. 2 in C.P. 50/88) in the Court of special Judge (Banking) Karachi for recovery of Rs.3,36,536. It was   alleged that overdraft facility granted to Shahid Malik in his cash credit account was utilised from time to time and on 31-12-1980 there was a debit balance of Rs.350,20.80 which was acknowledged by him. On…