MUHAMMAD BASHIR vs Syed IMDAD ALI SHAH O — 2023 YLR 1341 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1341 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD BASHIR vs Syed IMDAD ALI SHAH O

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

MUHAMMAD BASHIR VS Syed IMDAD ALI SHAH O. XXXVII, R. 3---Suit for recovery of money on the basis of pronote---Petitioner filed application for leave to defend the suit without affidavit---Trial court dismissed his application---Validity---Court had to consider the application for leave to defend on the basis of affidavit relating to facts submitted by the applicant and not otherwise---Exception to said legal position would be that the claim of the applicant to obtain leave to defend was based on question of law only and not on the basis of any disputed fact, then affidavit might not be required to be filed as the Court was always competent to decide the questions of law as same only requires interpretation of law---However, in the present case, the petitioner disputed claim on factual ground that cheques were issued as guarantee and had been misused which plea was required to be supported by an affidavit attached with the application for leave to defend but the same had not been filed---Trial Court was justified to dismiss the application for leave to defend---Petition was dismissed.

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