GHULAM MUSTAFA vs RASHID ALI O — 2024 MLD 569 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 569 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: GHULAM MUSTAFA vs RASHID ALI O
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

GHULAM MUSTAFA VS RASHID ALI O. XXXVII, Rr. 2 & 3---Leave to defend the suit---Conditional order, non-compliance of---Effect---In summary suit, when defendant does not obtain leave or leave is refused to him, or where defendant fails to comply with conditional order such defendant is precluded from further contesting plaintiff's claim---There is further disability for defendant under O. XXXVII, C.P.C., that allegations in plaint must be deemed to be admitted and plaintiff would be entitled to a decree---Provisions of O. XXXVII, C.P.C., not only provide for abridgement of procedure of suits so covered but restricts and curtails right of defendants in such suits to contest plaintiff's claim---When matter is carried in appeal, the defendant who did not obtain leave or had failed to comply with conditional order continues to suffer under the same disability.

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