Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII, R. 3

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil Procedure Code- (V of 1908)--O.XXXVII, R. 3---Constitution of Pakistan (1973), Art.185(3)---Suit in summary jurisdiction for recovery of loan amount on basis of negotiable instrument was decreed by High Court---Validity---Defendant claimed that High Court had allowed him to appear and defend suit on furnishing security for loan amount within 30 days; that he being out' of country could not deposit security resulting in decree in suit against him---Validity---Defendant fully knew faetum of institution of suit and had -also made various applications therein, therefore, it was obligatory upon him to make necessary arrangements for defence of suit while proceeding abroad---Defendant could not be absolved of his responsibility on mere pretext that he was not present in country---Law would help vigilant and not the indolent---Leave to appeal was refused in circumstances.(b) Maxim------- Law would help vigilant and not the indolent. ORDER SH. RIAZ AHMED, J.---The petitioners seek leave to appeal against the judgment and decree of the High Court of Sindh dated 1-9-1996 whereby a suit for the recovery of Rs.29,84,704.20 instituted by the respondent/plaintiff against the petitioner/defendants was decreed. 2. The facts in brief are that the petitioners/defendants and respondent/plaintiff entered into an agreement. where it was agreed that the respondent/plaintiff would supply to the petitioners/defendants company pesticides at Vehari. In August 1990 the respondent/plaintiff filed a suit against the petitioner/defendant company under Order XXXVII, C.P.C. for the recovery of Rs.29,84,704.20 in the High Court of Sindh at Karachi. Under Order XXXVII, rule 3, C.P.C. the petitioner/defendant sought leave to defend the suit and also moved an application for the return of the plaint, but both the applications were dismissed vide…