ABDUL HAMEED CH Versus Ch. SARDAR ALI

This matter originated as a petition for leave to appeal against a judgment of the High Court, which was subsequently converted into an appeal by consent of the parties. The core legal question concerned the conditions imposed upon the petitioner for obtaining leave to appear and defend a suit. Specifically, the Trial Court had initially granted the petitioner leave to defend the suit subject to the condition of furnishing a bank guarantee. Upon reaching the Supreme Court, the parties reached a consensus to modify this condition. The Supreme Court accepted the appeal and set aside the impugned judgment of the High Court. The Court held that the requirement of a bank guarantee should be substituted with a requirement to furnish security to the satisfaction of the Trial Court. The key principle established is that appellate courts may, by consent of the parties, modify procedural conditions imposed by lower courts regarding the grant of leave to defend a suit, provided the substituted condition remains within the court's discretion to ensure the security of the claim.