' On 21-2-1989, Abdul Rashid respondent filed a suit for the recovery of Rs,1,00,000 on the basis of Promissory Note against Atta Muhammad appellant in the Court of District Judge, Bahawalpur, Summons in accordance with Form-IV of Appendix B, C.P.C. Was issued. Within ten days of the service of the summons, the petitioner moved an application for permission to appear and defend the suit.
2. Before this application could be decided, it so happened that on 27-1-1990, the plaintiff made a statement before the trial Court to the effect that:- Pursuant to the above discussion, the appeal is accepted and the {{URDU TEXT}} ' The appellant/defendant accepted this statement/offer. He stated that:- {{URDU TEXT}} ' So, Mustaqeem was summoned by the Court. He appeared on 11-2-1990 and made following statement on the Holy Quran:- ' On the basis of this statement of Mustaqeem, the learned District Judge decreed the suit with costs, on the same day, hence this appeal.
3. Learned counsel submits that not only the statement made by defendant/petitioner accepting the offer made by the plaintiff and the statement made by Mustageem were ambiguous and as such, the suit could not have been decreed straightaway more particularly when the case was at the stage of permission to appear and defend the suit. Conversely, the learned counsel for the respondent supported the impugned judgment on the ground that since Mustageem had not stated that the claim of the petitioner was false, so the suit was rightly decreed by the trial Court.
4. I have considered the matter carefully. I find that on 27-1-1990, the was till at the stage of the consideration of the prayer of the petitioner/defend for leave to defend the suit. The statement of petitioner/defendant recorded the trial Court was very much ambiguous. Similarly, the statement made Mustaqeem which has been reproduced above was not definite and clear. This being the position, I feel that instead of decreeing the suit on ambiguous statement, the trial Court should have proceeded to decide the application of petitioner/defendant for permission to appear and defend the suit.
Pursuant to the above discussion, the appeal is accepted and the judgment and decree of the trial court is set aside and the case is back for I fresh decision in accordance with law leaving the parties to bear their own costs.