' The respondent Fida Hussain who was present on the last date is absent despite notice having been personally served upon him. Placed ex parte.
2. This is an appeal by Sardar Abdur Rehman defendant against whom the learned District Judge, Mansehra had passed a decree for the recovery of Rs,22,000 on 12-6-1994 under Order 37, Rules 1 and 2, C.P.C. On one and the only ground that the affidavit on petition for leave to defend dated 17- 5-1994 had not been attested. The leave to defend was refused.
3. The mode of disposal resorted to by the learned District Judge was even faster than the summary procedure provided under Order 37, C.P.C. The summary powers are always given to experienced judicial officers so that the justice is imparted speedily without doing injustice.
4. While rejecting the petition for leave to defend the learned District Judge became unmindful of the fact that the defendant could be asked there and then to get the affidavit attested or could extend reasonable time for such attestation, under his powers defined by section 148, C.P.C. No doubt, a justice delayed is a justice denied but hastily imparted justice denying a substantial right to a party, is equally a justice denied.
5. A similar situation had arisen before Karachi High Court in "Emirates Bank International v. United Exports Limited and 8 others" (PLD 1993 Karachi 661) where leave to defend was refused on a similar flimsy ground. It was held that in proceedings which were already of summary nature, such discretions must be liberally exercised. In the present case it appears that the defendant is burdened with a decree of Rs,22,000 not because he had obtained a loan or not because he had executed a promissory note or not because he had not filed a petition for leave to defend or not because such petition was not within 10 days but because the affidavit on the petition was not attested. What a judicial appreciation?
6. The impugned decree dated 12-6-1994 is not sustainable in law. The appeal is accepted, the impugned decree is set aside and the case is remanded back to the learned District Judge, Mansehra for affording an opportunity to the defendant to get his affidavit attested and thereafter to consider petition for leave to defend on merits. The appellant-defendant shall appear before the District Judge, Mansehra on 12-3-1996 while the plaintiff shall be summoned by the learned Court itself.