Law:

Section:

Civil Procedure Code (V of 1908)--O. XXXVII, Rr. 2 & 3 --- Suit for recovery of amount --- Leave to appear and defend suit --- Defendant who bad sought leave to appear and defend suit, had failed to disclose any plausible defence or even specific question of law or fact which required to be tried or investigated --- Application to appear and defend suit, was rightly dismissed by Trial Court and High Court in circumstances. Messrs National Security Insurance Company Limited and others v Messrs Hoechet Pakistan Limited and others 1992 SCMR 718 ref. ORDER CH. MUHAMMAD ARIF, J. ---Respondent- Muhammad Javed Khan filed suit under Order, XXXVII of the. Code of Civil Procedure against the petitioner-seeking recovery of a total sum of Rs. 13,94,500 on -the basis of the cheques issued by the petitioner./defendant in favour of the plaintiff/respondent. Petitioner made an application under rule 3, of Order XXXVII (ibid) to obtain leave to appear and defend the case on 7-3-1997. His averments were that he has been served that the suit is false, without any basis and against facts, that he intends to produce evidence in support of his contention and defence in the exercise of his legal right and that, otherwise, he shall suffer irreparable loss. In reply to petitioner's application the other side resisted the same on the ground that the basis of the suit being the cheques issued by the defendant which were dishonoured, the application : of the petitioner is sans reference to any plausible defence whatsoever, therefore, the same is liable to be dismissed. 2. The learned District Judge, Bahawalpur, declined petitioner's request vide his order dated 6-6-1997,holding that the same ".. does not disclose any plausible defence, or even specific question of law, or fact which requires to be tried or investigated. The affidavit on…

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