2005 PLP 1655 (SCMR)
JAVED HUSSAIN ANSARI — Petitioner Versus MUHAMMAD AYAZ KHAN — Respondent
| Citation | 2005 PLP 1655 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Shaikh and Faqir Muhammad Khokhar, JJ |
| Parties | JAVED HUSSAIN ANSARI — Petitioner Versus MUHAMMAD AYAZ KHAN — Respondent |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2005 PLP 1655 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1655 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Shaikh and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1655 (SCMR) (JAVED HUSSAIN ANSARI — Petitioner Versus MUHAMMAD AYAZ KHAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mushtaq Ahmad Qureshi, Advocate Supreme Court for Petitioner.
- Nemo for Respondent.
- Date of hearing: 15th April, 2003.
Headnotes / Summary
(On appeal from order dated 3-9-2002 of the Lahore High Court, Lahore, passed in Civil Revision No.1946 of 2002).
O. XXXVII, Rr.2, 3 & 4
Constitution of Pakistan (1973), Art.185(3)
Suit for recovery of money based on cheque
WAPDA awarded contract to defendant, which he further sub-contracted to plaintiff on payment of fixed amount
Defendant gave cheque to plaintiff on completion of work of sub-contract
Defendant's application for leave to defend suit was dismissed on merits
Defendant filed application under O.XXXVII, R.4, C.P.C. for setting aside decree and grant of leave to defend suit, but same was dismissed
High Court dismissed revision of defendant
Plea of defendant was that he had to pay suit amount after recovery of amount from WAPDA on completion of contract by him
Decree once passed could be set aside under O.XXXVII, R.4, C.P.C. on showing special circumstances
Defendant had accepted his liability to pay fixed amount to plaintiff by issuing cheque
Matter about payment of dues between defendant and WAPDA had no concern with plaintiff, who was to be paid fixed amount as per agreement
Such was a case of admitted liability, thus, after rejection of application for leave to defend suit, there was no special circumstance to entertain application under O.XXXVII, R.4, C.P.C.
Supreme Court dismissed petition and refused leave to appeal.
Judgment & Decree
MUNIR A. SHEIKH, J.
This petition is directed against judgment, dated 3-9-2002 of the Lahore High Court, Lahore, passed in Civil Revision No.1946 of 2002.
2. The respondent filed a suit for recovery of an amount of Rs.10,000,000 based on a cheque issued by the petitioner in his favour. The case of the respondent was that he was awarded a contract by WAPDA which he further sub-contracted to the present petitioner. He had to complete the same till 30-6-2000 and as consideration the respondent was to receive fixed amount. According to the learned counsel for the petitioner the work was completed in time and no default was committed. According to respondent this cheque in dispute was issued by the petitioner on 18-6-2001 for payment of Rs.10,000,000 as consideration of the aforesaid sub-contract.
3. The petitioner made an application under Order XXXVII, R.4, C.P.C. for grant of leave to appear and defend the suit which was rejected on merits through order, dated 17-11-2001. The petitioner did not assail the said order before higher forums but made an application under Order XXXVII, rule 4, C.P.C. from setting aside the decree and for grant of leave to appear and defend the suit which was dismissed through order, dated 9-8-2002 against which revision petition filed by the petitioner too was dismissed through the impugned judgment dated 3-9-2002 against which leave is sought.
4. Learned counsel for the petitioners submitted that the findings of the learned Judge of the High Court in the impugned judgment that application of the petitioner was not maintainable is not legally correct. Order XXXVII, rule 4, C.P.C., according to him, does not debar this Court to entertain application thereunder. Even if this argument is accepted we find that under Order XXXVII, rule 4, C.P.C. decree once passed could be set aside on special circumstances to be shown which condition in this case has not been fulfilled. The petitioner accepted his liability to pay the fixed amount by issuing cheque and in the application it was stated that he had to make payment of this amount after recovery of the amount from WAPDA on completion of contract by him. The matter about payment of dues between the petitioner and WAPDA has no concern with the respondent-plaintiff as it was agreed that he would pay fixed amount as per agreement of sub-contract. It was rightly held that it was a case of admitted liability, therefore, once the application for grant of leave to appear and defend the suit was rejected, there was no special circumstance to entertain application under Order XXXVII, rule 4 C.P.C.
5. For the foregoing reasons, we do not find any merits in this petition which is dismissed accordingly and leave refused. S.A.K. /J-44/S Leave refused.