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PLD 2005 Supreme Court 322

Haji MUHAMMAD SIDDIQUE vs Rana MUHAMMAD SARWAR

CitationPLD 2005 Supreme Court 322
CourtSupreme Court of Pakistan
Case No.Civil Petition No,3096-L of 2002
Date2005-02-15
Judge(s)Falak Sher, Sardar Muhammad Raza Khan
ResultPetition dismissed

' SARDAR MUHAMMAD RAZA KHAN, J.---Haji Muhammad Siddique seeks leave to appeal against the judgment and decree dated 3-6-2002 passed by a learned Division Bench of Lahore High Court whereby his regular first appeal against the want of a money decree of Rs,3,00,000 by learned Additional District Judge, Okara on 6-6-2001,was dismissed.

2. Rana Muhammad Sarwar, the respondent had filed a suit for the recovery of Rs,3,00,000 against the petitioner under Order XXXVII, C.P.C. For, the claim was based on a pronote dated 4-8-1998. The defendant/petitioner was granted leave to defend and file written statement subject to furnishing security to the tune of the amount claimed. The defendant sought numerous adjournments for furnishing the security but failed to do so and hence the suit was decreed on account of the non- compliance of the conditional leave to defend.

3. The provisions of Order XXXVII, Rule 3 sub-rule (2) of C.P.C. Clearly lay down and empower the Court to grant leave to defend either unconditonally or subject to such terms as to payment into Court or giving security. The demand of the Court for furnishing security was thus not unlawful and was even not objected to by the petitioner/defendant who sought various adjournments to arrange for the security. In the circumstances, the decree was rightly passed by the learned Additional District Judge and rightly upheld by the High Court. There being no valid reason for us to interfere, the petition is hereby dismissed and leave to appeal refused.

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