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Civil Miscellaneous Application No. 1376 of 1985 in Suit No. 3 of 1985, decided on 19th May, 1986.
---O. XXXVII, Rr. 2 & 3--Banking Companies (Recovery of Loans) Ordinance (XIX of 1979), S. 7--Suit for recovery of loans--Application for leave to defend--Defendants in their application for leave to defend suit, raised substantial defence that cause of action claimed by plaintiff-Bank was not based on any negotiable instrument--No counter-affidavit having been filed by plaintiff-Bank to oppose request of defendants, application of defendants for leave to defend suit was allowed unconditionally.
K.A. Wahab for Applicant.
Dewan Bashir Ahmad for Respondents.
This is suit for recovery of certain loan amount which has been recovered by the pledge of title deed as well as mortgage of property in the Defence Housing Society, Karachi. Mr. Dewan Bashir Ahmad states that the value of the immovable property is about Rs. 50 lacs. The total amount claimed in the suit, according to the suit is about Rs.41,53,601.76. The defendants have filed this application for leave to defend under Order XXXVII, Rule 3(1) and (2) read with section 151, C .P. C . Substantial defences have been raised in this application and it is contended that no counter-affidavit has been filed by the plaintiff to oppose the request. Moreover, I have perused para. 32 in which the cause of action has been mentioned, but this cause of action is not based on any negotiable instruments, etc.
In the circumstances, I would allow this application and allow defendants to defend the suit without condition.
H.B.T./U-3/K Application allowed.
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