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

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 O.XXXVII Rr.1,2 & Form IV of appendix B---Leave to appear and defend---Duty of Court---Difference between suit under O.XXXVII and ordinary suit---Duty of the Court is not only to issue summons but the Court is also obliged to issue summons according to the Form IV, so that the defendant should attend the Court proceedings with a prepared mind, as intended by the summary trial under O. XXXVII of the C.P.C---Unless the defendant was informed regarding the pendency of the case in the required mode and manner, no delay or default could have been attributed to him regarding filing of the application for leave to defend within the limitation provided by the law---Special intention behind it is that suit under O.XXXVII of the C.P.C is differentiated from the ordinary suit and summary procedure has been specially formulated, wherein not only a plaint must have been attached in order to notify the defendant about pendency of the case but also inform him through Form IV that he has only limited period to approach the Court and get permission to appear and defend the suit, otherwise his right will be struck down due to penal clause attached thereto---Unless, the defendant was handed over copy of plaint for filing of leave to defend as required by law, no delay or default could be attributed to him.

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