Law: Civil Procedure Code (V of 1908)

Section:  O. XX.XVII, r. 2

Law: Limitation Act (IX of 1908)

Section: 5

(a) Civil Procedure Code (V of 1908)  O. XX.XVII, r. 2-Negotiable instrument, suit based an Summary procedure-Cause of action based upon a promissory note partly i ,e. against one of defendants-Permissible to Court to entertain land decree suit under O. XXXVII, against such defen dant-Suit not based on promissory note against other defendant Court to proceed against such defendant in normal procedure --Suit. held. cannot. be said to be not maintainable merely because plaintiff supports his claim on some other instrument besides and in addition to a promissory note. Bank of Bahawalpur Ltd. v. Sind Punjab Agencies P L D 1966 Kar, 249 ; Hubib.Bank Ltd, v. Gazanfarullah P L D 1978 Kar. 263 ; Khatiia Bai v. Muslim Commercial Batik P L D 1978 S C 96 and Fine Textile Mills Ltd. v Haji timer P L D 1963 S C 163 re;' (b) Civil Procedure Code (V of 1908)  O. XXXVII, r. 2 read with Limitation Act (IX of 1908), Art. 5 [as amended and Art. 64-A as added by Limitation (Amendment) Act (IX of 1961)]-Limitation-Suit under O. XXXVII, C. P. C., held, governed by three years period of limitation after enforcement of Limitation (Amendment) Act, 1961. Date of hearing : 24th September, 1979.                                                                                                                          JUDGMENT The respondent herein the National Bank of Pakistan limited filed suit No. 37 of 1967 on 25th February, 1967 in the Court of District Judge, Hyderabad against the appellants herein under Order XXXVII. rule 2, C. P. C. The case of the respondent was that at its own request appellant No. I which is a proprietary concern was granted a cash credit loan of 1280 Rs, 10,000 under scheme known as Peoples Derhands Credit Scheme on the hypothecation of its stock of printing press material in its shop and on the guarantee of appellant No. 2. The loan was repayable on…