GHULAM HYDER vs ASIF ALI KHYBER O — 2022 MLD 686 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 686 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: GHULAM HYDER vs ASIF ALI KHYBER O
Subject matter: Civil
Provisions referred to: Limitation Act (IX of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHULAM HYDER VS ASIF ALI KHYBER O. XXXVII, Rr. 2 & 3---Limitation Act (IX of 1908), Art. 159---Suit for recovery---Application for leave to appear and defend a summary suit---Limitation---Scope---Respondent filed a summary suit for recovery of certain amount---Upon service, the appellant applied for leave to defend but the same was dismissed being hopelessly time-barred---Suit was decreed as prayed for---Validity---Appellant had categorically stated in the application for leave to defend that promissory note was fraudulently and invalidly prepared---Such argument of appellant was required to be looked into by the Trial Court in its true perspective without prejudice to the earlier findings on the subject---Impugned order and decree were set aside---Matter was remanded to the Trial Court for fresh decision on merits---Appeal was disposed of accordingly.

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