SULTAN MAHMOOD vs MESSRS OMAR SONS LTD. Co — 1970 SCMR 496

Citation: 1970 SCMR 496

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-13

Parties: SULTAN MAHMOOD vs MESSRS OMAR SONS LTD. Co

Headnotes

Case cited as 1970 SCMR 496

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: SULTAN MAHMOOD vs MESSRS OMAR SONS LTD. Co Case No.: Civil Petition for Special Leave to Appeal No. K-66 of 1969 L. P. A. No. 83/1969 Date of Judgment:1970-01-13 Reported As: 1970 SCMR 496 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The respondents brought Suit No. 196 of 1968 for recovery of Rs. 64,649.28 under Order XXXVII, rule 2, C. P. C. On the original side of the High Court of West Pakistan, Karachi Bench. The petitioner resisted the suit on the ground that the promissory note was without consideration. He was, therefore, granted leave to defend the suit on furnishing security. He failed to furnish security and the suit was decreed against him on the 31st March 1969. The petitioner challenged this order in Letters Patent Appeal No. 83 of 1969 and requested the Appellate Court for grant of further time for furnishing secu--rity. This request was turned down by Letters Patent Bench on the 13 May 1969. They held that the learned Single Judge has exercised the discretion vested in him properly. The petitioner seeks permission to file an appeal against the said order. The petitioner, who has appeared in person, has contended that he has produced the surety but the same was not accepted by the Nazir of the High Court. He has further prayed that be may be permitted to furnish Bank Guarantee in the decretal amount. The contention of the petitioner has no force. The…

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