Law: Civil Procedure Code (V of 1908)

Section: OrderXXXVII

Law: Civil Procedure Code (V of 1908)

Section: OrderXXXVII

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, R. 1---Suit for recovery of money on basis of pro note---Suit entrusted to Additional District Judge---Trial conducted by Civil Judge---Effect---Suits based on negotiable instruments to be tried under O.XXXVII, C.P.C.---Scope---Plaintiff/respondent filed suit for recovery of certain amount against defendant/appellant in the Court of District Judge who entrusted the matter to Additional District Judge---Case file was sent to the Court of Civil Judge by Additional District Judge on order of District Judge---Civil Judge dismissed suit and appeal filed thereagainst was, however, accepted by Additional District Judge and suit was decreed---Defendant/appellant contended that since suit had been filed under O. XXXVII, C.P.C. on the basis of negotiable instrument (promissory note), therefore, legality of proceedings and s passed by Courts were questionable---Validity---Provisions of O.XXXVII, C.P.C. were of special nature which dealt with suits based on negotiable instruments---Suit which was not triable by resort to procedure prescribed in O.XXXVII, C.P.C. its trial could proceed as an ordinary suit---In the present' case, however, order of District Judge directing Additional District Judge to-transmit suit to Civil Judge was not available on file---Basis of transmission of suit to Civil Judge being missing, proceedings conducted by Civil Judge and consequential s on mistaken assumption lost legal efficacy---Suit filed by plaintiff needed to be tried by Additional District Judge from stage onward when he passed order to transmit suit to Civil Judge---Appeal was accepted. Sh. Abdul Majid v. Syed Akhtar Hussain Zaidi PLD 1988 SC 124 and Muhammad Abdullah Sufi v. Messrs Muhammad Bux and Son and others PLD 1957 (W.P.) Kar. 445 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XXXVII, R.1, Ss.122 & 128---Suit for recovery of money based on pro note---Procedure---Where the procedure under O. XXXVII, C.P.C. was being claimed by plaintiff but the same was not available, then Trial Court could proceed with the case as an ordinary suit---Rule 1 introduced in O.XXXVII, C.P.C. by amendment by Lahore High Court did not…

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