' SAIYED SAEED ASHHAD, J.--- This petition for leave to appeal has been filed against the order of High Court of Sindh, Karachi, dated 20-2-2007, whereby revision application filed by the petitioner, was dismissed.
2. Brief facts necessary for disposal of this petition are that the respondent filed a suit under Order XXXVII, rule 3, C.P.C. For recovery of Rs,5,38,600 against petitioner in the Court of District Judge, Karachi South. Leave to defend the suit was granted vide order, dated 16-1-2007 conditionally on furnishing security in the sum of Rs,5,50,000 within 30 days of the order. The petitioner did not comply with the above order and filed revision application before the High Court of Sindh, Karachi for waiver of the condition of deposit of Rs,5,50,000. This revision application was dismissed as stated above. Hence this petition for leave to appeal.
3. We have heard the arguments of Mr. Akhlaq Ahmad Siddiqui, Advocate-on-Record. His contention is that besides the above suit the respondent has also initiated criminal proceedings against the petitioner under section 489-F, P.P.C. Wherein the petitioner was arrested and was ordered to be released on bail by this Court on furnishing security in the sum of Rs,2,00,000. It has been submitted by learned Advocate-onRecord that petitioner has furnished surety in the sum of Rs,2,00,000 in pursuance of order of this Court dated 6-10-2006 and the said surety may be treated as security in this case. This contention is without any merit. Conditional leave to defend was granted to the petitioner on providing security in the sum of Rs,5,50,000. This case and the criminal case pending against the petitioner are two separate cases and the surety furnished by the petitioner in the sum of Rs,2,00,000 in pursuance of the order of this Court, dated 6-10-2006 for his release on bail cannot be treated as security in this case.
4. As a matter of fact, on failure of the petitioner to furnish security as ordered by the District Judge within the period of thirty days the suit in accordance with the provision of Order XXXVII, C.P.C.
Stood decreed. In the circumstances the question of accepting the surety furnished by the petition in his bail case as security in this case does not arise.
5. This petition is without any substance and is dismissed. Leave to appeal is refused.