Law:

Section:

Civil Procedure Code (v of 1908). O. XX, r. 11 & S. 115-Instalments-Revision-Power under O. XX, r. 11 discretionary and order refusing to allow instalments liable to interference only when passed arbitrarily--Trial Court deciding application of petitioner seeking instalments on due consideration and by giving cogent reasons and nothing. available to show trial Court having exercised its powers capriciously or in an arbitrary manner, petition for revision dismissed, in circumstances. LINK1 LINK2 JUDGMENT This revision calls in question the orders dated 10-6-1976 and 25-1-1978 passed by the learned Senior Civil Judge, Sahiwal. 2. Briefly stated the facts are that the respondent-Bank instituted a suit for recovery of Rs. 2,44,130 against the petitioner-Company. It was also prayed that future interest at the rate of 13 % per annum be ordered to be recovered on the decretal amount. The petitioner filed an application in the said suit on 29-3-1976 requesting that the suit in respect of the actual amount of loan may be decreed but the petitioner be allowed to pay the decretal amount through monthly instalments of Rs. 4,000 leaving the parties to bear their own costs. This application was resisted by the respondent-Bank. On 10-6-1976, when this case came up for hearing before the trial Court, neither any representative of the petitioner nor its counsel appeared and consequently, the trial Court proceeded ex parte. On the same date, after rejecting the application of the petitioner for instalments, the trial Court on the basis of the admission made in the application by the petitioner defendant admitting the liability of the suit amount decreed the suit with costs. After the above decree had been passed, the learned counsel for the petitioner appeared before the trial Court and presented an application under Order IX, rule 7 for setting aside the ex parte proceedings earlier ordered on the same date. The trial Court rejected this application by the same order holding that already the suit having been decreed, no proceedings could be taken in this application. It appears that the petitioner thereafter moved another application under Order IX, rule 13 for having the…

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