Law: Civil Procedure Code (V of 1908)

Section: O. XXXVII, R.3,115

Law: Constitution of Pakistan 1973

Section: 185(3)

(a) Civil Procedure Code (V of 1909)--XXVII, R.3 & S.115---Constitution of Pakistan (1973), Art- 185(3)--�Leave to defend suit to guarantor---Leave to appeal was granted to the guarantor to consider the question whether the order of the District Judge, passed under OXXXVII, R.3, C.P.C. was revisable under S.115, C.P.C. in view of the case reported as Lala Munawar Lal v. Karobar Khandan Mushtraka AIR 1938 Lah. 548.(b) Civil Procedure Code (V of 1908)---------.O. XXXVII, R.3---Leave to defend suit---Guarantor had not issued nor executed any negotiable instrument in favour of the supplier, as to warrant summary proceedings being initiated against it---Guarantee and indemnity bonds being riot negotiable instruments and summary suit under O.XXXVII, C.P.C. could only be instituted upon bill of exchange, Hundis or promissory notes---Since guarantor had executed the guarantee bond, the summary procedure proceeded under OXXXVII, C.P.C. was not applicable to it--�Order off the Court granting leave to guarantor to appear and defend the suit under OXXXVII, R.3, C.P.C. subject to deposit of the amount claimed, could not be sustained.Habib Bank Ltd. v. Ghazanfar Ullah Khan P L D 1978 Kar. 263 and Muslim Commercial Bank Limited v. Mst. Khateeja Bai and another Suit No.400 of 1976 ref.(c) Civil Procedure Code (V of 1908)-------O. XXXVII, R.3---Grant of leave to defendant to appear and defend the suit---Before Court can grant leave it must prima facie find from application and affidavits of the defendant that there is reasonable material which makes it incumbent on the plaintiff to prove consideration or there exists a plausible defence or some specific question of fact or law which requires to be tried or investigated---Court, without examining the alleged defences in application seeking leave to defend and the objections of the opposite party cannot grant leave to defend, much less to grant leave unconditionally.Fine Textile Mills Ltd. v. Maji Umar P L D 1963 SC 168; Kodak v. Alpha Film Corporations (1930), 2 K.B. 340; Muslim Commercial Bank Limited v. Tayyab Sharif 1975 SCMR 398 and Karim v. Zikar Abdullah 1973 S C M R 100 ref.(d) Civil Procedure Code (V of…