Law:

Section:

Civil Procedure Code (V of 1908)-------OXXXVII, Rr. 1 & 2---Suit for recovery of amount on basis of negotiable instrument---Provision of OXXXVII, C.P.C. has provided a special procedure to be followed in suits covered by R. 2, OXXXVII, C.P.C. and suit under that rule= has been designated as summary suit arising out of negotiable instruments---Rule 2, OXXXVII, C.P.C. is procedural and enabling in nature and do not, place any embargo upon a person to file suit in Civil Court by following ordinary procedure embodied in C.P.C.---Ordinary suit relating to negotiable instrument is competent and plaintiff has option to follow procedure of ordinary suit or summary procedure under O. XXXVII, C.P.C. and none of rules contained in that order has provided a road-block in filing ordinary suit before a Civil Judge. S.M. Akil Fikree v. Muhammad Qamaruz Zaman PLD 1982 Kar. 745 and Sh. Abdul Majid v. Syed Akhtar Hussain Zaidi PLD 1988 SC 124 ref. M. Ashraf for Petitioner. ORDER This petition under Article 199 of the Constitution of Pakistan (1973) by Muhammad Arif/defendant, calls in question the order dated 3-3-1993 whereby the learned Additional District Judge, Gujrat dismissed the revision application filed by the petitioner and affirmed the order of learned Civil Judge, Ist Class, Kharian dated 12-3-1992/dismissing the application lodged by the petitioner under section 12 (2) of the Code of Civil Procedure. 2. The facts, briefly stated, giving rise to this petition, are: that respondent No.l brought a suit in the Court of learned Civil Judge, Kharian for the recovery of Rs.1,33,000 against the petitioner on the basis of promissory note dated 26-3-1984. The suit was resisted. Necessary issues were framed. The evid8ace of respondent was recorded where after the case was adjourned for recording the evidence of the petitioner on number of dates at the instance of the petitioner. On 11-4-1990, the counsel for the petitioner requested for a short postponement enabling him to produce the evidence at 11-00 A.M. The Court was obliged to accommodate the learned counsel for the petitioner. At 11-00 A.M. neither the learned counsel for the petitioner nor his evidence was in…

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