Law: Civil Procedure Code (V of 1908)

Section: 2 , 3 , 6

  Civil Procedure Code (V of 1908)--- ----O.XXXVIT, Rr. 2 & 3---Banking Companies (Recovery of Loans) Ordinance (3IX - of 1979), S. 6---Suit for recovery of loan---One of defendants/borrowers had failed to furnish security while applications of other defendants for leave to appear and defend suit had been dismissed being barred by time---Suit was decreed accordingly against principal borrower and guarantors. PLD 1990 SC 497 ref. Mansoorul Arfm for Plaintiff. Raja M. Akram for Defendants Nos.l, 7 and 8. ORDER This is an application by the defendant No.l for leave to appear and defend the suit. The application is, admittedly, barred by limitation and since I propose to dismiss the application made by the defendant No.l alongwith the other defendants for condonation of delay, this application is dismissed as time-barred. This is an application by the defendant No.3 for leave to appear and defend the suit. Mr. Raja M. Akram says that he has been informed that Dr. Pervez Hassan, who appears for the defendant No.3, is out of the country. The hearing of this application is, therefore, adjourned to a date in office. This is an application by defendants Nos.4, 7 and 8 for leave to appear and defend the suit. This application is, admittedly, barred by limitation and since I propose to dismiss the application made by these defendants alongwith defendant No.l for condonation of delay, this application is dismissed as time-barred. This is an application by the defendants Nos. 1, 4, 7 and 8 for condonation of delay in filing the applications for leave to appear and defend the suit. The facts relating to the service of the summons are recorded in my order dated the 10th August, 1992. It appears that the summons by registered post was despatched on the 18th August, 1985, and has not been returned undelivered. The summons was, admittedly, published in the `Morning News' on the 23rd August, 1985, and the applications by the defendants, for leave to appear and defend the suit, were filed on the 12th September, 1985. Mr. Raja M. Akram submits that until the decision of the Supreme Court reported in PLD 1990 SC 497, the general impression was that an application for…