SALEEM MEHMOOD vs Ch — 2023 CLC 1131 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1131 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: SALEEM MEHMOOD vs Ch
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V 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

SALEEM MEHMOOD VS Ch. SAEED ASGHAR art.159---Civil Procedure Code (V of 1908), O.XXXVII, Rr.1&2---Suit for recovery of amount on basis of cheque---Leave to appear and defend--Limitation---Limitation for filing application for leave to appear and defend, suit under O.XXXVII of C.P.C was ten days which started from the date of service---Defendant/appellant appeared before the Court through counsel and requested time to file leave to defend---On the next hearing another request for adjournment for the said purpose was made and the Court adjourned the case for filing the application for leave to defend---Record did not show that even till that time defendant was provided copy of the plaint---In case it is considered that limitation was to run from the date of appearance of the appellant before the Court on 25.09.2020, even then it had to be noted that Court itself allowed appellant to file the application for leave to defend on 07.10.2020 and appellant filed the same on that very day---Since the application for leave to defend was filed within the time granted by the Court, the observation made by Trial Court regarding non-filing of application for condonation of delay was misconceived---When a request for adjournment is made, the Court should keep in mind the period of limitation while granting time for filing the leave to defend---Since the Court itself granted time till 07.10.2020, the said delay and default was not attributable to the appellant.

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