Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,r.7,3,S.115

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,r.7,3,S.115

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr.1 & 2 & S.115---Suit for recovery of amount on basis of promissory note---Leave to defend suit was, unconditionally allowed and defendant was required to submit written statement---Date fixed for filing of written statement was adjourned by the Reader of Court as Judge was busy in other cases---On the date fixed defendant made a request for adjournment which was refused---Defendant was debarred by Trial Court to file petition for leave to defend suit and claim of plaintiff was decreed---Revision to Chief Court---Maintainability---Under law once Trial Court had allowed the defendant to defend and also granted time for filing of written statement then it could not have recalled the order allowing leave, without request of the parties or any notice to the affected party---Order of Trial Court was passed on no material and ex facie appeared to be reversed therefore Chief Court had jurisdiction under S.115, C.P.C. and revision was maintainable. 1992 SCMR 719; 1990 CLC 301 and 1989 CLC 2212 ref. Atiq-ur-Rehman for petitioner. Muhammad Hussain for Respondent. JUDGMENT SAHIB KHAN, J.---Petitioner/defendant has assailed the impugned judgment/decree, dated 29-4-2006, passed by the District Judge Gilgit through this revision petition. The stated facts of the litigation are that plaintiff/respondent (National Bank of Pakistan) through Manager National Bank Main Branch, Gilgit filed a Civil Suit No.1 of 2005 on 28-4-2005 under Order XXXVII of C.P.C. for recovery of amount Rs.2,76,511 on the basis of promissory note in the Court of District Judge, Gilgit. Defendant/petitioner appeared and submitted an application seeking leave to defend the case on certain grounds. The learned Judge after hearing the parties allowed the petitioner to defend the case on 4-3-2006, the order reads as follows:- 4-3-2006. Plaintiff counsel present. Defendant present in person. Counsel for defendant present. Heard. Petition of defendant for leave to defend accepted. Put up on 5-4-2006 for filing written statement. (Sd.) District Judge, Gilgit. The date fixed for filing of written statement adjourned to 29-4-2006 by the Reader of the…

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