HAKIM ASAD MANZOOR QURESHI versus MALIK MUHAMMAD ASLAM
A. XXXVII, 2 and 3 suits for receipt of money on bank drafts, vacations appearing and defense claim filed against the applicant respondent, O XXXXI, CPC Under the summary procedure provided under, on the basis of bank draft, the defendants filed a petition seeking leave for the defense and defense claim. The trial court accepted the request and instructed the defendant to submit a bank guarantee equal to the amount of the suit. Defendant's position was that he was entitled to an unconditional leave and under this, the Litigation Order XXXVII, R 3 (2), CPC provided that the leave to defend the case be unconditional. And may be subject to conditions such as payment, security, framing and recording matters in court or otherwise considered appropriate in the circumstances of the court, the court will grant leave to defend the case, non Conditional or subject to such payment as may be paid in court or a security trial court. The stand did not commit any unlawful motion in approving the unlawful order and was expressly authorized by the trial court and not open to exception.
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