Where the application for leave to defend in a summary suit under Order XXXVII C.P.C. requires resolution of certain disputed facts for allowing the said application

 2023 YLR 1341
PLJ 2023 Lahore 330

Where the application for leave to defend in a summary suit under Order XXXVII C.P.C. requires resolution of certain disputed facts for allowing the said application, the said application must be accompanied by an affidavit otherwise Court would be justified to dismiss the same. Limitation is a mixed question of law and fact and Court has to decide the question despite the fact that same has been raised as defence or not.