2023 YLR 1341
Suit for recovery of money on the basis of pronote ---Dismissal of suit instituted after period of limitation---Scope---Court while determining the question of limitation, which is a mixed question of law and facts may require affidavit to be attached with the application for leave to defend, if the said question is to be determined by the resolution of some disputed facts---However, if for resolution of said question of limitation, decision has to be made on admitted facts or facts which are not disputed then the Court on its own can determine the said question of limitation even if not raised by any party whether leave to defend has been granted or not.
2023 YLR 1341MUHAMMAD BASHIR vs Syed IMDAD ALI SHAH
Suit for recovery of money on the basis of pronote ---Petitioner filed application for leave to defend the suit without affidavit---Trial court dismissed his application---Validity---Court had to consider the application for leave to defend on the basis of affidavit relating to facts submitted by the applicant and not otherwise---Exception to said legal position would be that the claim of the applicant to obtain leave to defend was based on question of law only and not on the basis of any disputed fact, then affidavit might not be required to be filed as the Court was always competent to decide the questions of law as same only requires interpretation of law---However, in the present case, the petitioner disputed claim on factual ground that cheques were issued as guarantee and had been misused which plea was required to be supported by an affidavit attached with the application for leave to defend but the same had not been filed---Trial Court was justified to dismiss the application for leave to defend---Petition was dismissed.
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