HUSSAIN versus RAJAB ALI

O XXXVII, r 3 and the Conduct Equipment Act (XXVI 1831 of 1868), Article 118 does not require a permit to defend, in which case, as long as the court Other facts considered as facts cannot be accepted.

1981 C L C 1

[Lahore]

Before Aftab Hussain, J

HUSSAIN‑Petitioner

versus

RAJAB ALI‑Respondent

Civil Revision No. 527 of 1980, decided on 20th April, 1980.

(a) Civil Procedure Code (V of 1908)‑

‑‑ O. XXXVII, r. 3 and Negotiable Instruments Act (XXVI of 1831), S. 118‑Not incumbent upon holder of pronote to prove considera tion‑Permission to defend, in such case, held, cannot be given unless other facts deemed sufficient by Court to support application exist.

(b) Civil Procedure Code (V of 1908)‑

‑‑ S. 115 & O. XXXVII, r. 3‑Revision‑Court coming to conclusion of matter requiring consideration but such matter being not clear Making a conditional order, held, within jurisdiction of Court Revision against exercise of discretion in. such matter not competent.

Haji Karim and another v. Zikar Abdullah 1973 S C M R 100 ref.

Sh. Muhammad Islam for Petitioner.

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