Law: Civil Procedure Code (V of 1908)

Section: 4 , 12(2)

  Civil Procedure Code (V of 1908)--- ----O. XXXVII, R.4 & S. 12(2)---Appellant failed to furnish security and a decree was passed against him but he took no steps either for extension of time to furnish security or for setting aside the decree as provided under OXXXVII, R.4---Provisions of S. 12(2), C.P.C., held, would not be available to the appellant whose defence was struck off upon non-compliance of Court's order and who had failed to apply for setting aside the decree as provided under O.XXXVII, R.4, C.P.C.---Appellant could not be allowed to delay or defeat a decree passed against him by invoking S.12(2) C.P.C. so as to render provisions of O.XXXVII, C.P.C. nugatory and redundant. Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)--- ----S. 12(1)---Law Reforms Ordinance (XII of 1972), S.3---High Court appeal---Whether lies in view of express provisions as to appeals under S.12(1), Banking Companies (Recovery of Loan) Ordinance, 1979--[Quaere]. SA. Samad Khan for Appellant. KA. Wahab for Respondent. ORDER HAZIQUL KHAIRI, J.--By this appeal under section 3 of LRO 1972 the appellant has challenged the order dated 7-11-1989 of a learned Single Judge refusing to set aside the decree dated 29-9-1986 passed in Suit No. 437 of 1985. On or about 25-7-1985, the appellant filed the said suit under Order 37 rule 2 C.P.C. praying for a decree for Rs.6,00,000. Alternatively the respondent prayed for a decree under Order 34 C.P.C. against the respondent. In the said suit the respondent filed an application under Order 37 rule 3 C.P.C. seeking permission to appear and defend the suit. Leave was granted to the appellant upon furnishing security. Since the appellant had failed to furnish security the suit was decreed vide judgment dated 29-9-1986. Thereafter on or about 6-3-1988, the respondent filed an Execution Application No. 23 of 1987 against the appellant. Some time after filing of the said-Execution Application the appellant filed an application under section 12(2) C.P.C. for setting aside the decree passed in the said Suit No. 437 of 1985 on the ground that the money advanced to the appellant belongs to one Amanullah Khan and not to the…