Law:

Section:

Civil Procedure Code (V of 1908)-------O.XXXVII, Rr.1 & 2---Law Reforms Ordinance (XII of 1972), S.3---Suit for recovery of money on the basis of dishonoured cheque---Unconditional leave---Plaintiff filed suit for recovery of Rs.21 million on the basis of dishonoured cheque issued by defendant in his favour---Defendant had business relationship with plaintiff who was a stock broker and was maintaining account of defendant for purchase of shares under his instructions-Plaintiff purchased shares on behalf of defendant and cheque for consideration of the shares issued by defendant was dishonoured---Single Judge of High Court granted leave to defend the suit on the condition of furnishing of surety for a sum of Rs.21 million---Plea raised by defendant was that in lieu of dishonoured cheque, he had issued pay order to plaintiff---Validity---Whether after the cheque in question was dishonoured, pay order of same amount was issued in respect of the amount pertaining to dishonoured cheque or it was under some other consideration---Such question could only be answered after recording of evidence---After coming to conclusion that defendant had plausible defence, he had become entitled for unconditional leave to defend the suit---Division Bench of High Court modified order passed by the Single Judge of High Court to the extent that defendant was entitled for grant of unconditional leave to defend the suit---Intra-Court Appeal was allowed in circumstances. Mian Rafique Saigol and another v. Bank of Credit and Commerce International (Overseas) Ltd. and another PLD 1996 SC 749; Pakistan Water and Power Development Authority (WAPDA) v. Messrs Sea Gold Traders and 2 others 2003 CLD 392 and Fine Textile Mills v. Haji Umar PLD 1969 SC 163 fol. ORDER Appellant aggrieved by the impugned order dated 30-10-2008, whereby granted conditional leave to defend, the appellant preferred this appeal. Brief facts are that respondent filed a suit for recovery of Rs.21 Million under Order XXXVII, rules 1 and 2, C.P.C. on dishonour of cheque bearing No.5749297 dated 4-12-2006. The respondent alleged in the memo of plaint that it is engaged in the business of Stock Brokerage and Equity…

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