Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----0. XXXVII, R. 3---Leave to appear and defend suit---Procedure---Notices to defendants were issued but it was not clear from the interim order as to whether at any stage these were served and defendants were proceeded against ex parts or not---Order of the Trial Court showed that attorney of the defendants Nos.4 to 7 was present while defendants Nos.l to 3 were not served and on the next date counsel had been marked present on behalf of the defendants but she said counsel did not represent all the defendants and in fact he was the counsel for defendants Nos.2 and 3---Trial Court thus had forgotten all about defendant No.l---Trial Court, had dealt with the suit involving huge amount in a very casual and careless manner, in circumstances. (b) Civil Procedure Code (V of 1908)--- ----0. XXXVII, R. 3---Leave to appear and defend suit---Trial Court imposed condition for leave to appear and defend the suit keeping in view not the defence sought to be raised but the alleged conduct of the defendants--­Validity---Held, imposition of condition keeping in view not the defence sought to be raised but the alleged conduct of the defendant was against the provisions of OXXXVII, R.3, C.P.C: --Condition could be imposed keeping in view the plausibility of the defence sought to be set up---Conduct of defendant was though relevant but could not be the sole determining factor for imposition of condition for leave to appear and defend the suit. Muhammad Nasir v. Muhammad Alam 1992 CLC 1705; Messrs Shahzad Ice Factory and 2 others v. Special Judge Banking (II) Lahore and another PLD 1982 Lah. 92; Messrs Ark Industrial Management Ltd. v. Messrs Habib Bank Limited PLD 1991 SC 976; Messrs Sargroh Services (Pvt.) Ltd. v. Messrs Hoechst Pharmaceuticals Pakistan (Pvt.) Ltd.. 1989 SCMR 1834; Khalid Javed & Co v. Javed Oil Industries 1988 SCMR 391; M/s. Industrial Air Control (Pak.) (Pvt.) Limited, Karachi and 2 others v. M/s. Alpha Insurance Company Ltd. and another 1994 CLC 1526; Allied Bank of Pakistan Ltd. v. V.C. Khilnani and 2 others PLD 1984 Kar. 127; Messrs Ahmad Autos and another v. Allied Bank of Pakistan Limited PLD 1990 -SC 497;…

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