| Case ID |
173ba560-2cc7-4556-8fa3-4c4ef576b73d |
| Body |
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| Case Number |
K-171 of 1983 |
| Decision Date |
Sep 01, 1983 |
| Hearing Date |
Sep 01, 1983 |
| Decision |
The Supreme Court modified the conditions imposed by the High Court requiring the petitioner to furnish security of Rs. 2,80,000 to the satisfaction of the Nazir of the High Court within a period of two months. The Court held that the petitioner has made out a case that raises triable issues and the High Court had not properly appreciated the principles of law regarding the grant of unconditional leave. The Court emphasized that the discretion to impose conditions should not be applied arbitrarily and should consider the context of the case. The final decision allowed the petitioner to defend the suit upon furnishing the specified security. |
| Summary |
In the case of Abdul Karim Jaffarani vs. United Bank Ltd., the Supreme Court of Pakistan addressed significant issues regarding the grant of leave to defend in suits involving negotiable instruments. The case arose from a suit filed by United Bank for recovery of a substantial amount under a promissory note. The petitioner contested the imposition of conditions for leave to defend, arguing that the promissory notes had been filled out improperly and contained inflated figures. The Supreme Court emphasized the importance of a fair trial and the need for courts to exercise discretion judiciously when imposing conditions on leave to defend. This ruling is critical for understanding the balance between expeditious litigation and the rights of defendants in commercial disputes, particularly in cases involving financial instruments. The decision underscores the necessity for courts to consider the factual context of each case when determining whether to grant unconditional or conditional leave to defend. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA,
M. S. H. QURAISHI
|
| Lawyers |
J. H. Rahimtoola, Advocate Supreme Court,
A. Aziz Khan, Advocate-on-Record,
Mamoonul Hassan, Advocate Supreme Court,
M. S. Ghaury, Advocate-on-Record
|
| Petitioners |
ABDUL KARIM JAFFARANI
|
| Respondents |
Respondent 2,
UNITED BANK LTD.,
Respondent 3
|
| Citations |
1984 SLD 567,
1984 SCMR 568
|
| Other Citations |
Fine Textile Mills Ltd. v. Haji Umar P L D 1963 S C 168,
Kadak Alpha Film Corporation (1930) 2 K B 340,
Dorab Shah B Dalal V Messrs Premier Bank Ltd. 1976 SCMR 67,
Muslim Commercial Bank Ltd. v. Tayab Sharif 1975 SCMR 398,
Karim v. Zikar Abdullah 1973 SCMR 100
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908),
Negotiable Instruments Act (XXVI of 1881)
|
| Sections |
185(3),
199,
O. XXXVII, r. 3,
4,
118
|