1999 PLP 1326 (SCMR)
AFTAB IQBAL KHAN KHICHI and another — Petitioners Versus Messrs UNITED DISTRIBUTORS PAKISTAN LTD., KARACHI — Respondent
| Citation | 1999 PLP 1326 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Bashir Jehangiri and Sh. Riaz Ahmed, JJ |
| Parties | AFTAB IQBAL KHAN KHICHI and another — Petitioners Versus Messrs UNITED DISTRIBUTORS PAKISTAN LTD., KARACHI — Respondent |
| Primary Law | (a) Civil Procedure Code- (V of 1908), (b) Maxim |
Q1: What are the key laws and sections cited in 1999 PLP 1326 (SCMR)?
This judgment primarily cites: (a) Civil Procedure Code- (V of 1908), (b) Maxim as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1326 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Bashir Jehangiri and Sh. Riaz Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1326 (SCMR) (AFTAB IQBAL KHAN KHICHI and another — Petitioners Versus Messrs UNITED DISTRIBUTORS PAKISTAN LTD., KARACHI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mobashir Latif Ahmad, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record (absent) for Petitioners.
- Zahid Hussain Khan, Advocate Supreme Court and Rana M.A. Qadri, Advocate-on-Record (absent) for Respondent.
- Date of hearing: 16th January, 1998
Headnotes / Summary
(On appeal against the order, dated 1-9-1996 of the High Court of Sindh, Karachi in Suit No.712/1991).
O.XXXVII, R. 3
Constitution of Pakistan (1973), Art.185(3)
Suit in summary jurisdiction for recovery of loan amount on basis of negotiable instrument was decreed by High Court
Defendant claimed that High Court had allowed him to appear and defend suit on furnishing security for loan amount within 30 days; that he being out' of country could not deposit security resulting in decree in suit against him
Defendant fully knew faetum of institution of suit and had -also made various applications therein, therefore, it was obligatory upon him to make necessary arrangements for defence of suit while proceeding abroad
Defendant could not be absolved of his responsibility on mere pretext that he was not present in country
Law would help vigilant and not the indolent
Leave to appeal was refused in circumstances.
Judgment & Decree
SH. RIAZ AHMED, J.
The petitioners seek leave to appeal against the judgment and decree of the High Court of Sindh dated 1-9-1996 whereby a suit for the recovery of Rs.29,84,704.20 instituted by the respondent/plaintiff against the petitioner/defendants was decreed.
2. The facts in brief are that the petitioners/defendants and respondent/plaintiff entered into an agreement. where it was agreed that the respondent/plaintiff would supply to the petitioners/defendants company pesticides at Vehari. In August 1990 the respondent/plaintiff filed a suit against the petitioner/defendant company under Order XXXVII, C.P.C. for the recovery of Rs.29,84,704.20 in the High Court of Sindh at Karachi. Under Order XXXVII, rule 3, C.P.C. the petitioner/defendant sought leave to defend the suit and also moved an application for the return of the plaint, but both the applications were dismissed vide order dated 11-12-1995.
3. The case of the petitioner is that on 10-4-1996 he proceeded to Saudi Arabia to perform Hajj and while he was still abroad when on 5-5-1996 leave to defend was granted subject to the condition that the plaintiff should furnish security for the said amount within 30 days. It is further contended that the petitioner could not be contacted by his lawyer and, therefore, the security could not be furnished and hence the High Court vide order dated 1-9-1996 passed judgment and decree impugned for Rs.29,84,704.20 in favour of the respondent/plaintiff against the petitioner: It was also contended before us that in fact the amount is exaggerated one and it was a case of settlement of accounts inasmuch as substantial amount was due from the respondent/plaintiff to the petitioner/defendant, but the same had not been taken into consideration.
4. We have carefully examined all the facts of the case, but we are afraid that no case warranting interference by this Court is made out. The petitioner fully knew factum of the institution of the suit and had also made various applications therein and, therefore, it was obligatory upon him to make A necessary arrangements for the defence of the suit while proceeding abroad. The petitioner cannot be absolved of .his responsibility on the mere pretext that he was not present in the country. The law helps the vigilant and not the indolent. In this view of the matter, we do not find any substance in the petition and the same is hereby dismissed. A.A.//A-107/S Leave refused