Imtiaz vs M/s Pacific Oil Mills (Pvt — 2024 YLR 2857 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 2857 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: Imtiaz vs M/s Pacific Oil Mills (Pvt
Subject matter: Criminal
Provisions referred to: S. 96

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

Imtiaz VS M/s Pacific Oil Mills (Pvt.) Ltd. S.96 & O.XXXVII, Rr. 1 & 2---Suit for recovery on the basis of written submission and cheque---Application for leave to defend the suit, refusal of---Scope---Existence of business relationship under distributor agency agreement---Appellant denied the business relationship and submitted that the cheque was obtained forcibly---Contention of the appellant was that grounds of the application for leave to appear and defend the suit was not considered before refusal thereof---Validity---Trial Court had considered the grounds of leave to defend as brought forward on the part of the appellant and also had discussed the same---Trial Court had given a reasonable order based upon application of mind and law---Existence of business along with the version of availability of the negotiable instrument was properly considered along with the sufficient material present on record in that regard---Requirement of leave to lead evidence was not made out, as leave was available only when disputed questions of facts arise from the record, which in the present case had not been shown by the appellant---Impugned order was not found suffering from any infirmity---Appeal was dismissed accordingly.

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