MUHAMMAD FAIZAN SAMAD vs XIth ADDITIONAL DISTRICT AND SESSIONS JUDGE (SOUTH), KARACHI O — 2024 CLC 1112 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 CLC 1112 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: CLC
Parties: MUHAMMAD FAIZAN SAMAD vs XIth ADDITIONAL DISTRICT AND SESSIONS JUDGE (SOUTH), KARACHI O
Subject matter: Criminal
Provisions referred to: Limitation Act (IX of 1908); Limitation Act

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 FAIZAN SAMAD VS XIth ADDITIONAL DISTRICT AND SESSIONS JUDGE (SOUTH), KARACHI O.XXXVII, Rr. 1, 2 & 3---Limitation Act (IX of 1908), First Sched., Art. 159---Suit for recovery of money---Dishonored cheque---Ex-parte proceedings---Application of defend the suit---Limitation not extended--Applicant / defendant was declared ex-parte by Trial Court who was barred from filing application for leave to appear and defend the suit---Validity---First time copies of the plaint of summary suit were handed over to applicant / defendant and time was given to him to file application under O. XXXVII, R. 3, C.P.C. for leave to appear and defend summary suit---In absence of any proof of summons having been served before that date, the summons was deemed to have been served on the applicant / defendant on the date when copy of plaint of summary suit was provided to him giving him 10 days from that date to file his application for Leave to Appear and Defend summary suit---Trial Court rightly held that it did not have jurisdiction to enhance time prescribed in Art. 159 of First Sched. to Limitation Act, 1908---High Court declined to interfere in order passed by Trial Court although there were some irregularities which were not material in nature---Revision dismissed was, in circumstances.

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