1. In this Civil Revision under section 115, C.P.C. the applicant (who is defendant in Suit No,29 of 1995) has challenged the order dated 28-11-1995 passed by the learned District Judge, Karachi, South whereby his application under section 148, C.P.C. read with section 151, C.P.C. was dismissed.
2. The respondent (plaintiff) filed Suit for recovery of Rs,3,58,750 under Order XXXVII, rule 2, C.P.C. in the Court of District Judge, Karachi South. The applicants were served and they were granted leave to defend subject to furnishing of security in the sum of Rs,3,50,000 within three weeks from the date of order i,e, 30-10-1995. However, they could not furnish the security within the stipulated period and submitted application under section 148 read with section 151, C.P.C. which was dismissed by the learned Trial Court, for want of sufficient cause.
3. I have heard Mr. Muhammad Abdullah, learned counsel for the applicant and Mr. Muhammad Aqil, learned counsel for the respondent and perused the record.
4. Learned counsel for the appellant submitted that the impugned order was passed by the learned Trial Court without proper application of judicial mind. According to him the law and order situation prevailing in the City should have been taken into consideration as the delay in furnishing the security occurred due to reasons beyond the control of the applicants. Learned counsel for the respondent supported the impugned order.
5. I have given due consideration to the respective submissions of the learned counsel for the parties.
6. In this case, there has not been any illegal assumption, non-exercise or the irregular exercise of jurisdiction. The learned Trial Court has rightly exercised its discretion and I do not find any merit in the revision to upset the impugned order. Accordingly, it is dismissed in limine.
2. Since the revision application is dismissed in limine, therefore, C.M. A. No,1208 of 1995 has become infructuous.