Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.2,3

Law: Limitation Act, 1908

Section: 5

Civil Procedure Code (V of 1908)--- ----O.XXXVII, Rr.2 & 3---Limitation Act (IX of 1908), S.5---Suit for recovery of amount on basis of Pro note---Application for leave to appear and defend suit---Delay, condonation of---Defendant, who was served on 16-2-2004 through summons, entered appearance before the court on next date of hearing which according to summons was 26-2-2004---Members of the Bar being on strike on said date, application for leave to appear and defend the suit was filed on 28-2-2004 along with application for condonation of delay of two days in filing said application under S.5 of Limitation Act, 1908---Validity--Copy of plaint was not delivered to defendant along with the summons at the time of service---Even on date fixed by the court, defendant was not in a position to have services of a counsel as the Members of Bar were on strike---Defendant immediately having obtained legal advice, filed application for leave to defend just two days thereafter---Order of the court also had indicated that defendant was not warned by the court on the date when he appeared in the court that same was the last date for him to file application for leave to appear and defend suit---Some lapse did occur on the part of defendant coupled with lapse on the part of Process Server, the Trial Court anal the absence of the lawyers on account of strike---There being some lapse on the part of defendant as well, delay could have been condoned, subject to payment of costs---Revision was allowed subject to payment of cost of Rs.3000---Application for leave to defend suit would be deemed to be pending and decided in accordance with law and on its own merits. 2003 YLR 2583; 2003 YLR 1130 and 1993 CLC 2271 rel. THIS ORDER PASSED BY: MUHAMMAD KHALID ALVI, J.--- Brief facts of the case are that the respondent filed a suit under Order XXXVII C.P.C. against the petitioner for recovery of a sum amounting to Rs.92,000, on the basis of a pro note, dated 12-2-2001. Admittedly, the petitioner was served on 16-2-2004 through summons. He entered appearance before the Court on the next date of hearing fixed by the Court according to the summons on 26-2-2004. On the said date, petitioner…

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