Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr.2 & 3---Suit for recovery of amount on basis of Pro note---Application for leave to appear and defend suit---Application filed by defendant for leave to appear and defend suit was allowed by Trial Court and leave was granted subject to furnishing a surety bond in suit amount before next date of hearing---Needful was not done by defendant and instead he filed an application for extension of time on ground that defendant remained ill and could not file surety bond and written statement---No medical certificate was appended by defendant with his application for extension of time---Even with the present appeal no such certificate had been filed by defendant---Defendant did not even disclose nature of his illness--- Trial Court, in circumstances had rightly decreed suit filed by plaintiff and appeal against said order of Trial Court, was dismissed. Syed Zulfiqar Ali Bokhari for Appellant. Ch. Ishtiaq Ahmad for Respondent. Date of hearing: 16th September, 2004. JUDGMENT MAULVI ANWARUL HAQ, J.--- On 7-11-2000 the respondent filed a suit against the appellant for recovery of Rs.95,000. According to the plaint, the appellant borrowed the said amount from the respondent and promised to return the same on demand vide a pro. note executed on 13-6-2000. The amount was demanded but not paid. The appellant was served in accordance with law and filed an application for leave to appear and to defend the suit. This application. was allowed on 25-10-2001 by the learned trial Court who granted…

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