Law:

Section:

(a) Civil Procedure Code (V of 1908) O. XXXVII, R.2 Negotiable Instruments Act (XXVI of 1881), Ss.20 & 118 suit for recovery of money based upon promissory note Defendant's contention was that promissory note was executed on 6 10 1981, and not on 24 5 1982 as claimed by plaintiff, who had filled up said date to bring the suit within limitation Validity ¬Presumption under S.118 of the Negotiable Instruments Act was attached to a negotiable instrument as to receipt of consideration, date of execution, time of acceptance, time of transfer, order of endorsement, stamp and holder in due course, unless contrary was proved If filling up of date as 24 5 1982 was presumed to be subsequent, even then as per S.20 of the said Act, the authority to fill up the date and complete the instrument vested in the hands of recipient, which authority apparently had been exercised within three years from the date of execution as claimed by the defendant Such authority was not denied to have been conferred on plaintiff Contention was devoid of force. Messrs United Bank Ltd. v. President, Bazm e Salat and another PLD 1986 Kar. 464; Bazm e Salat and others v. Messrs United Bank Ltd. PLD 1989 Kar. 150 and National Bank of Pakistan v. Aziz ul Hassan 1984 CLC 1035 ref. (b) Negotiable Instruments Act (XXVI of 1881) S.118 ganun e Shahadat (10 of 1984), Art.119 ¬Presumption attached to negotiable instrument Plea in rebuttal of such presumption Burden of proof Where statutory presumption is attached as to existence of any fact, then any person setting up a plea in rebuttal, takes upon himself to prove such plea in rebuttal. (c) Negotiable Instruments Act (XXVI of 1881) S.118 Qanun e Shahadat (10 of 1984), Art.119 ¬Presumption attached to negotiable instrument Burden of proof to rebut such presumption Plea of maker of such instrument was that after having denied consideration, the burden to prove consideration shifted upon holder thereof -Validity Section 18(a) of the Negotiable Instruments Act laid down a special rule of evidence contrary to general rule of burden of proof Burden to dispel statutory presumption was always on the party seeking to rebut the same as to the existence of…

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