| Case ID |
425f1c72-f116-48c1-8a04-75f75532d0a8 |
| Body |
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| Case Number |
First Appeal No.28 of 2004 |
| Decision Date |
Apr 15, 2005 |
| Hearing Date |
Mar 28, 2005 |
| Decision |
The trial court's decision to decree the suit was upheld on appeal, with the court finding that the defendant's vague grounds for requesting extensions of time to furnish security were insufficient. Despite multiple opportunities provided to the defendant, he failed to comply with the court's orders. The trial court judiciously exercised its discretion in refusing to further extend the time for furnishing security, particularly in light of the plaintiff's strong opposition. The appeal was ultimately dismissed with no interference warranted in the trial court's judgment. |
| Summary |
The case revolves around a summary suit filed under Order XXXVII of the Civil Procedure Code for the recovery of an amount of Rs.4,26,000. The defendant attempted to defend against the suit by filing a time-barred application and sought condonation of delay under the Limitation Act. The plaintiff did not object to the defendant's applications, leading to the court granting leave to defend the suit under specific conditions, including the provision of security. Despite several extensions granted by the trial court, the defendant failed to furnish the required security, resulting in the suit being decreed in favor of the plaintiff. The appeal to contest the trial court's decision was dismissed on the grounds that the defendant did not provide valid reasons for the delays and the trial court acted within its discretion. This case emphasizes the importance of adhering to court orders and the implications of failing to comply with procedural requirements. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
RAHMAT HUSSAIN, JAFFERI, J
|
| Lawyers |
Abdullah Rajput,
Arif Hussain
|
| Petitioners |
MUHAMMAD ASIF MALIK
|
| Respondents |
IMRAN SAMI
|
| Citations |
2005 SLD 1403,
2005 CLC 1690
|
| Other Citations |
Noor Hussain v. Noor Ali PLD 1983 Kar. 448,
Muhammad Bibi v. Abdul Ghani PLD 1973 Kar. 444
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908)
|
| Sections |
O. XXXVII, Rr.2 & 3,
S.96,
S.5
|