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2006 CLC 760

KHALID FAROOQ vs MAZHAR IQBAL HUSSAIN

Citation2006 CLC 760
CourtLahore High Court
Case No.Regular First Appeal No.19 of 2002
Date2004-09-16
Judge(s)Maulvi Anwar-ul-Haq
ResultAppeal dismissed

MAULVI ANWARUL HAQ, J.--- On 7-11-2000 the respondent filed a suit against the appellant for recovery of Rs.95,000. According to the plaint, the appellant borrowed the said amount from the respondent and promised to return the same on demand vide a pro. Note executed on 13-6-2000.

The amount was demanded but not paid. The appellant was served in accordance with law and filed an application for leave to appear and to defend the suit. This application. Was allowed on 25- 10-2001 by the learned trial Court who granted leave to the appellant to defend the suit subject to furnishing a surety bond in the suit amount before the next date of hearing which was fixed at 8-11- 2001. The needful was not done and instead an application was filed for extension of time which was refused and leave was withdrawn. The suit was accordingly decreed in the said amount on 1- 12-2001.

2. Learned counsel for the appellant contends that sufficient reasons had been made for extension of time. Learned counsel for the respondent supports the impugned order.

3. I have gone through the records of the learned trial Court, with the assistance of the learned counsel for the parties. Now the said application was filed on 8-11-2001. It was stated that the appellant remained ill from 26-10-2001 to 6-11-2001 and as such could not filed the surety bond and the written statement. The application was resisted. Now I find that the learned trial Court observed that no medical certificate is appended with the application. I find that even with this R.F.A., no such certificate has been tiled. Besides I find that the application does not even disclose the nature of illness. This being so, I do not find any force in this R.F.A. Which is accordingly dismissed without any order as to costs.

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