Law:

Section:

Civil Procedure Code (V of 1908)--------0. XXXVII, R.3---Suit .for recovery on the basis of pronote---Leave to defend the suit---Trial Court refused such leave to the petitioner ---Validity--­ Where counsel for the respondent had no objection for grant of such leave to defend the suit provided the petitioner would furnish a Bank guarantee, order of the Trial Court was set aside---Petitioner was directed to furnish such Bank guarantee and the case was remanded to the Trial Court for trial. Muhammad Nasir v. Muhammad Alam 1992 CLC 1705; Abdul Karim Jaffarani v. United Bank Ltd. and 2 others 1984 SCMR 568 and AIR 1958 SC 321 ref. ORDER This is a revision petition which impugns an order dated 17-3-1999 passed by the Additional District Judge, Mailsi. where by he had refused to grant leave to tke petitioner to defend the suit. It is said that the parties were relatives. That the respondent/plaintiff was a Clerk of one Mr. Muhammad Khaliq, Advocate, Mailsi, to whom the petitioner had given some blank papers with signatures for filing a civil suit but he misused those signed papers and scribed a promissory note and filed a suit for recovery of Rs.5,00,000 against the petitioner. That no summons or notices were served to the petitioner for 19-12-1998 for which date the case had been fixed by the Trial Court. That even otherwise, the petitioner was to be married on 18-12-1998 and he was busy in the ceremony. That Nazar Hussain scribe was a brother of the plaintiff/respondent who had scribed the promissory note without entering it into his register. That a fake application for leave to defend on behalf of the petitioner was presented before the trial Court, on 5-1-1999 by Muhammad Khalid Sheikh, Advocate, who was a junior of one Mian Muhammad Afzal, Advocate. Whereas, Mian Muhammad Afzal, Advocate, was a counsel for the plaintiff in that case and Mr. Muhammad Zafar was their Clerk. That the said Muhammad Khalid Sheikh did not even append an affidavit with the application neither he did appear on behalf of the petitioner in the Court on account of a design and facilitated the proceedings to proceed ex parte. That even his signatures on the pro. note were of Qaisar 4,bbas…

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