The important words which have been used in the aforereferred rule are “appear” and “defend” (contest a suit filed under Order XXXVII CPC)

7. The important words which have been used in the aforereferred rule are “appear” and “defend”. The afore-noted words would show that in order to contest a suit filed under Order XXXVII CPC, a defendant has to file an application under Rule 3 of the Order for seeking leave to appear and defend the suit and if this application is accepted, may be subject to some condition, a defendant will be allowed to contest the suit however if his application is rejected, he shall have no right to “appear” in further proceedings of the suit and to “defend” his case, unlike the regular civil suits, wherein even if a defendant is proceeded against ex parte or during the course of the suit any adverse order is passed against him, he as of right can participate in further proceedings of the suit. Reliance can be placed on judgments reported as Ghulam Muhammad and others v. Mst. Irshad Begum and others [PLD 1964 Lahore 782], Habib Ismail Bajwa v. Khawaja Ghulam Mohy-ud-Din [PLD 1970 Lahore 428], Azizullah Khan and 4 others v. Arshad Hussain and 2 others [PLD 1975 Lahore 879] and Police Department through Deputy Inspector-General of Police and another v. Javid Israr and 7 others [1992 SCMR 1009]. 

 Part of Judgment 

IN THE LAHORE HIGH COURT, LAHORE.

Civil Revision-Civil Revision (Against Interim Order)
4664-16

2017 LHC 961