Law:

Section:

Civil Procedure Code (V of 1908)--- ----OXXXVII, Rr. 2 & 3---Suit for recovery of amount was decreed by Court in summary jurisdiction---Refusal to allow defendent to make application to appear and defend suit---Defendant had claimed that he had not been duly served and he was not disentitled to make application for leave to appear and defend suit but he was not allowed to do so by the Court below without an c legal justification---Defendant's claim was, however, found to be incorrect and his attitude was contumaciously evasive as he had persistently avoided service-­-Process-server visited defendant's place many a time but could not effect service on him---When ultimately process-server located defendant, he did not acknowledge service but raised objections which were frivolous---If copy of the plaint did not carry signatures of plaintiff or the counsel, or the plaint was deficient in certain respects, proper course for the defendant was to have come. to Court and applied for permission to contest the case, by raising such pleas and other available objections---Process-server before whom such objections were raised by defendant was not a judicial officer and could not make any determination in regard to validity or force of what was being maintained by the defendant, nor could he become an emissary and take upon himself the task to approach the Bank people and obtain from them certain clarifications as were sought by the defendant---Defendant was obviously adamant in avoidance of his liability and in evasion of his service, he was himself at fault and no one else---Trial Court had no option but to decree the suit, when plaintiff's claim had a sound basis, in the shape of a demand Promissory Note and a receipt having been extended by the defendant while obtaining the loan from the Bank----Decree in question. was thus, valid in circumstances. JUDGMENT Sh. Abdul Waheed. the learned District Judge, Multan (as he then was), by an order announced on 18-9-1984, decreed a. suit for recovery filed by Habib Bank Ltd. against Rasheed Asghar Khokhar, under Order 37, rule 2, C.P.C.. The judgment-debtor has come up in appeal to this Court. 2. He maintains that he had not…

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