MUHAMMAD IRSALAN FARAZ vs HABIB UL REHMAN O — 2025 CLC 1580 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 1580 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: MUHAMMAD IRSALAN FARAZ vs HABIB UL REHMAN 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

MUHAMMAD IRSALAN FARAZ VS HABIB UL REHMAN O.XXXVII, Rr. 1, 2 & 3(2)---Suit for recovery---Conditional leave to defend, grant of---Scope---Failing to satisfy the condition---Effect---Conditional grant of leave is contingent upon the satisfactory fulfillment of the stipulated terms and failure to meet those terms effectively nullifies the leave granted---Plain reading of R. 3(2) of O. XXXVII of C.P.C. clearly establishes the court's authority to grant conditional leave---The power of the Trial Court to grant leave to defend subject to conditions is, thus, a matter of judicial discretion---Implicit in such authority to pass conditional order is the understanding that the fulfillment of the condition is crucial for the leave to remain effective.

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