Law: Civil Procedure Code (V of 1908)

Section: 2 , 3

Civil Procedure Code (V of 1908)--- ----O.XXXVII, Rr.2 & 3---Negotiable Instruments Act (XXVI of 1881), 5.118---Suit for recovery of amount---Leave to appear and defend suit-- Borrower himself having admitted execution of disputed Promissory Note on basis of which he borrowed money, Court was justified in granting conditional leave to appear and defend suit---Condition as regards depositing of half of amount of money due in cash or furnishing of Bank guarantee being harsh and unjust, ends of justice were held to be better served by furnishing security instead of cash deposit or Bank guarantee. Ch. Abdur Rehman Cheema for Petitioner. Mian Sarfraz-ul-Hassan for Respondent. Date of hearing: 28th September, 1991. JUDGMENT This judgment shall dispose of Civil Revisions Nos.1500/91, 1501/91, 1502/91 and 1503/91, as they arise under similar circumstances. Muhammad Alam, respondents in all these petitions riled four separate suits for recovery of money against the petitioner on the basis of promissory notes under Order 37 of the Code of Civil Procedure in the District Court, Faisalabad, which were entrusted for trial to the Additional District Judge, Faisalabad.     After having served with summons in the prescribed form, the petitioners applied for leave to appear and defend the suit which was contested by the respondent. By means of the impugned order dated 31st of July, 1991, the petitioners were granted leave to appear and defend the suit subject to depositing of 1/2 of the suit amount or furnishing bank guarantee in the aforesaid amount. These orders have been challenged by filing these petitions. Chaudhry Abdul Rahman Cheema, the learned counsel for the petitioner, has contended that it stands admitted on the record that the petitioner was never given any amount in cash but instead he was working as a Foreman of the respondent and was made to sign the promissory notes under coercion and undue influence. On these premises, it is argued that there was no justification for the Additional District Judge to have imposed the…