Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,Rr.2,3

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2 & 3---Constitution of Pakistan (1973), Art.185(3)---Suit for recovery of amount on the basis of pro note---Leave to defend suit---Unconditional leave to defend suit was granted by the High Court to respondent---Petitioner aggrieved by said order had filed petition for leave to appeal---No plausible ground was .given for grant of leave as execution of promissory note was not denied by the respondent---Even if there was an arguable and strong case put forward by the respondent, leave ought to have been granted on condition of solvent security or Bank guarantee, but both the Benches of the High Court failed to consider such aspect of the case and granted leave unconditionally to defend suit without securing the valuable interest of the petitioner---Leave to appeal was granted to consider question of law whether the High Court was justified in passing the impugned order and whether it could be sustained under the law. ORDER RANA BHAGWANDAS, J.--- Petitioner is aggrieved by Sindh High Court order, dated 6-2-2007 passed in High Court Appeal No.469 of 2006 upholding order, dated 27-11-2006 passed by learned Single Judge under Order XXXVII, rule 3, C.P.C. granted unconditional leave to defend to the respondent. 2. The petitioner filed suit for recovery of Rs.59,22,364 against the respondent on the basis of promissory note, dated 14-7-2004 and undertaking, agreeing to pay the amount described therein on demand. In the application for…

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