Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.VIII, R. 10 & OXXXVII, R.3---Suit for recovery of amount---Summary procedure---Leave to appear and defend was granted---Defendant against whom suit for recovery of amount was filed on basis of Promissory Note, was­ allowed to file written statement on his own request within specified time, but defendant could not file same within that period---Defendant on his request was allowed further time to file written statement within fixed period with condition that if defendant failed to file written statement within fixed period, his defence would be struck off---Defendant filed written statement not within extended period, but much after expiry of that period when the matter was fixed for final disposal---Since written statement had been filed by defendant with leave of Court. second part of Order VIII, R.10, C.P.C. could be applied to his case and instead of passing adverse order against him, other suitable. order could be passed against defendant. Sardar Sukhawatuddin v. Muhammad Iqbal 1987 SCMR 1365; Hakumat Bibi v. Imamuddin and others PLD 1987 SC 22; Hassan Aqdas v. Mir Mohammed 1990 CLC 1362 and Industrial Sales and Service, Karachi and another v. Archifar Opal Laboratories Ltd., Karachi PLD 1969 Kar 418 ref. (b) Civil Procedure Code (V of 1908)--- ----OXXXVII, R.1, 2 & 3---Suit for recovery of amount---Disputed amount admittedly was received by defendant from plaintiff not for his own use, but for investment in a company---Company in which disputed amount was invested admittedly having gone into liquidation, it will be open for plaintiff to lodge his claim with the official liquidator. JUDGMENT This suit has been, filed by the Plaintiff under Order XXXVII, rules 1 & 2, C.P.C. for recovery of Rs.6,00,000 (rupees six lakhs). The case of the Plaintiff is that he had paid 'a sum of Rs.6,00,000 to the Defendant at his request and obtained a Promissory Note from the Defendant and also a receipt for the amount mentioned in the Promissory Note. The photostat copies of the Promissory Note and the receipt which both are dated 23-1-1988 are annexed with the plaint as Annexures A/1 & A/2. The Defendant had…

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