BABAR JAHANGIR vs NADIR ALI O — 2022 YLR 570 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 570 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: BABAR JAHANGIR vs NADIR ALI O
Subject matter: Civil
Provisions referred to: Civil Procedure Code

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

BABAR JAHANGIR VS NADIR ALI O. XXXVII, Rr. 2, 3---Suit for recovery ---application to appear and defend the suit---Limitation---application for leave to defend the suit was dismissed by the Trial Court declaring the same as barred by time and subsequently decreed the suit of the respondent---Held, that appellant appeared before the Trial Court and copy of plaint was supplied to him---application for leave to defend was filed within ten days of the time when he was provided copies---Service in the summary suit was to be effected through summons available in the appendix 'B' of Form-4 of the Civil Procedure Code, 1908, wherein it was mentioned that "within 10 days from the service" the defendant had to obtain leave to appear and defend the suit---Record revealed that the service, in the present case, was effected on 16-03-2018, therefore, within ten days meant excluding 16-03-2018, the date of obtaining of leave to appear and defend, was 26-03-2018---application for leave to appear and defend the suit, therefore, had been filed within the prescribed period of limitation---High Court set aside impugned decree and judgment, and remanded the matter---appeal was disposed of accordingly.

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