Mian EJAZ AMIR vs Haji MUHAMMAD IBRAHIM O — 2023 CLD 534 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 534 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: Mian EJAZ AMIR vs Haji MUHAMMAD IBRAHIM 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

Mian EJAZ AMIR VS Haji MUHAMMAD IBRAHIM O. XXXVII, R. 3---Suit for recovery of money on the basis of negotiable instrument---Leave to defend the suit---Condition, imposition of---Principle---Denial of negotiable instrument---Petitioner/defendant was aggrieved of grant of conditional leave to defend the suit by Trial Court---Plea raised by petitioner/defendant was that when issuance of bank cheque was denied leave would have been granted unconditional---Validity---Imposition of condition or granting unconditional leave was within the discretion of Trial Court---When statute conferred such discretion, exercise of same should not be ordinarily interfered---Discretion was required to be exercised in careful manner and same should be based on logical and legally sustainable reasoning--- While granting leave to defend the suit, Trial Court imposed condition mainly on the basis of unilateral statement of respondent/plaintiff without even considering any dispute raised in leave application---Exercise of discretion by Trial Court, conferred under Civil Procedure Code, 1908 was based on some misunderstanding of principles governing exercise of such discretion---High Court set aside leave granting order and remanded the matter to Trial Court for decision afresh--- Revision was allowed accordingly.

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