2004 PLP 836 (SCMR)

TANVIR AHMED KHAN, J.‑‑Leave to appeal is sought against the order dated 27‑1‑2003 whereby a learned Single Judge of the Lahore High Court, Lahore, dismissed R.F.A. No.794 of 2002 filed by the petitioner.

2. Brief facts, as reflected from the documents annexed with this petition, are that the petitioner who was doing some property business secured some amount from his close relative and executed a pronote therefor. He however, did not honour his commitment detailed in the pronote, whereupon the respondent was constrained to file a petition under Order XXXVII, C.P.C. The learned Additional District Judge, Lahore through his judgment dated 30‑10‑2002 decreed the suit for a sum of Rs.4,17,

500. R.F.A. filed by the petitioner assailing the above judgment was dismissed by a learned Single Judge of the Lahore High Court, Lahore through his judgment dated 27‑1‑2003. Hence, this petition for leave to appeal.

3. We have considered the contentions advanced by the learned counsel for the petitioner and have gone through the entire documents appended with this petition. It is reflected from the perusal thereof that the aforesaid suit was filed by the respondent on 16‑3‑2002 for the recovery of Rs.4,17,

500. The petitioner was personally served on 20‑3‑2002. He, however, filed an application for leave to appear and defend the aforesaid suit on 16‑4‑2002. The learned Additional District Judge, rejected his application filed by the petitioner being barred by time and took up ex parte evidence against him. A perusal of the documents further demonstrates that the petitioner has taken up wavering stances to cover up his belated approach before the learned Additional District Judge. There he put up his case that he could not file the application for leave to defend in time as he was unable to move from his bed from 8‑3‑2002 till 9‑4‑2002. Since he could not substantiate the same, as such it did not find favour with learned Additional District Judge. Before the High Court, the petitioner did not urge the ground of illness as noted by the learned Single Judge who further held that the petitioner did not bring any material on record to substantiate his indisposition. He took another plea that he was not provided with the copy of the plaint at the time of service of summons on 20‑3‑2002 which was given to him on 10‑4‑2002. This plea too was never agitated earlier. The medical certificate appended for the first time also does not support his case. It is totally vague in nature and does not establish his case as taken up by him at the time of making the application to appear and defend. In the said application, as already stated, he mentioned his inability in moving from bed due to illness from 8‑3‑2002 till 9‑4‑2002. However, in the certificate he had been advised rest from 9‑3‑2002 till 22‑4‑2002. All the above‑stated resume demonstrates that the petitioner has failed to explain his belated approach and no illegality has been committed by the learned Single Judge of the Lahore High Court in dismissing his R.F.A. Resultantly, for what has been stated above, the present petition being devoid of any merit is hereby dismissed and have refused. S.A.K./M‑51/S Leave refused.