Citation Name: 2023 PLD 154 PESHAWAR-HIGH-COURTBookmark this Case AKBAR ALI vs HIDAYAT ULLAH O

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Citation Name: 2023 PLD 154 PESHAWAR-HIGH-COURTBookmark this Case AKBAR ALI VS HIDAYAT ULLAH O. XXXVII, Rr.1, 2 & 3---Suit for recovery of money on the basis of cheque---Application for leave to defend---Conditional order, non-fulfillment of---Scope and effect---Leave to defend was granted by the Trial Court with condition to furnish security bond---Trial Court decreed the suit forthwith against the appellant/defendant on his failure to furnish security bond without recording evidence---Contention of the appellant/defendant was that the suit should have been decided on merits after recording of evidence---Validity---Appellant/defendant was allowed to defend the suit but the relevant order was itself conditional for fulfillment of which a date was fixed by the Trial Court---Inbuilt directions given in the order for fulfillment of the condition in the shape of furnishing of a security bond on the next date, had bound down the appellant to pursue the suit and to defend it through his written-statement but in case when the condition had not been fulfilled, the consequence thereof would be borne by the party who failed to comply with the order of the Court or to fulfill his obligation---Order XXXVII of the Civil Procedure Code, 1908, provided a specific procedure for cases wherein the person against whom the lis was filed was required to get permission from the Court to defend the suit---It was not disputed that the validity and propriety of the order granting leave to defend had not been questioned by the appellant to the extent of condition a furnishing security bond and in such circumstances, the fulfillment of condition was prerequisite for further progress in the suit and his participation in proceedings in order to defend the suit against him---Provision of O. XXXVII, R. 3 of the C.P.C., 1908, with regard to filing of the application along with affidavit for grant of such leave was mandatory and failure thereof would result into a decree against the defendant even without recording of evidence in the matter---Order sheet revealed that the appellant despite availing several opportunities had not fulfilled his part of obligation in shape of furnishing a security bond as per directions of the Trial Court---No illegality or infirmity was found in the impugned judgment and decree passed by the Trial Court---Appeal was dismissed, in circumstances. Citation Name: 2023 PLD 154 PESHAWAR-HIGH-COURTBookmark this Case AKBAR ALI VS HIDAYAT ULLAH O. XXXVII, Rr. 1, 2 & 3---Qanun-e-Shahadat (10 of 1984), Art. 129(e)---Suit for recovery of money on the basis of cheque---Application for leave to defend---Conditional order, non-fulfillment of---Judicial proceedings---Presumption of truth---Scope---Leave to defend was granted by the Trial Court with condition to furnish security bond---Trial Court decreed forthwith the suit against the appellant/defendant on his failure to furnish security bond---Contention of the appellant/defendant was that he was unaware of the fact for furnishing security bond---Validity---Record revealed that a clear condition of furnishing security bond with specific reference of the date for its compliance was unambiguous and explicit therein but even then for about nine and half months the proceedings remained pending adjudication before the Trial Court and the appellant had never intended to fulfill such direction---Contention of the appellant regarding ignorance regarding conditional order could not be given preference because the presumption of truth is attached to the judicial proceedings---Plea of ignorance of law could not be construed or sustained as a bona fide excuse---Provision of the Art. 129(e) of Qanun-e-Shahadat, 1984 provided presumption of regularity to all acts performed in a judicial proceedings---No illegality or infirmity was found in the impugned judgment and decree passed by the Trial Court---Appeal was dismissed, in circumstances. Citation Name: 2023 PLD 154 PESHAWAR-HIGH-COURTBookmark this Case AKBAR ALI VS HIDAYAT ULLAH Judicial proceedings are blessed with presumption of truth on the principle intended to be conveyed by the rule, Omnia praesumuntur rite et solemniter esse acta i.e., all acts are presumed to have been rightly and regularly done.

Citation Name: 2023 PLD 154 PESHAWAR-HIGH-COURTBookmark this Case AKBAR ALI vs HIDAYAT ULLAH O — 2023 PLD 154 PESHAWAR-HIGH-COURT

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