MIAN AFTAB AHMED SHAIKH versus MESSRS TRUST MODARABA
Failure to file an affidavit for leave on request of section 26 (2) Civil Procedure Code (v. 1908), O XXXVII, Rr 2 and 3, the principal borrower applied for leave to appear and defend. But no affidavit was filed by the borrower, the defense was denied leave and the lawsuit was granted in favor of Mudarababa. Failure to file an affidavit was sufficient to override the grounds set by the principal borrower in the application by the defense. Appeal dismissed on the circumstances
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