| Citation(s) |
|---|
| 2012 SLG 1322 2012 SLD 1322 2012 CLD 1754 |
Lahore High Court
Civil Revision No.1019 of 2012, decided 26-03-2012
NASIR SAEED SHEIKH, JUSTICE
Khalid Jamil for Petitioner.
Civil Revision No.1019 of 2012, decided 26-03-2012
NASIR SAEED SHEIKH, JUSTICE
Khalid Jamil for Petitioner.
RANA MUHAMMAD IKRAM
VS
MEHRAN FERTILIZERS (REGD.), FAISALABAD THROUGH MS. RASHIDA TALLAT
Law:
Section:
Negotiable Instruments Act ( XXVI of 1881)--S. 4---Civil Procedure Code (V of 1908), O.XXXVII, Rr. 1, 2 & 4---Recovery of money---Negotiable instrument---"Promissory note"---"Iqrarnama"---Suit filed by plaintiff under O.XXXVII, rule 1, C.P.C. for recovery of Rs.15,00,000 was decreed ex parte in favour of plaintiff and Trial Court declined to set aside the ---Plea raised by defendant was that plaintiff relied upon "Iqrarnama", which was not a "promissory note"---Validity---In Iqrarnama an unconditional undertaking and assurance was incorporated that an amount of Rs.15,00,000 was payable by defendant and would be paid to plaintiff in two specific dates---Contents of the document were fully covered by definition of "promissory note" as defined in Negotiable Instruments Act, 1881---Trial Court rightly took cognizance and entire proceedings had been conducted in accordance with relevant law---Trial Court rightly passed ex parte and decree against defendant and dismissed application under O.XXXVII, R. 4, C.P.C. for valid and lawful reasons--- High Court in exercise of revisional jurisdiction declined to interfere in and decree passed by Trial Court---Revision was dismissed in circumstances. Pir Saber Shah v. Shad Muhammad Khan, Member Provisional Assembly N.-W.F.P. and another PLD 1995 SC 66 distinguished. Shahid Pervaiz alias Shahid Hameed v. Muhammad Ahmad Ameen 2006 SCMR 631 and 1984 SCMR 568 ref. ORDER NASIR SAEED SHEIKH, J.---A suit for the recovery of Rs.15,00,000 under Order XXXVII, Rule 2, of C.P.C. on the basis of a pro note dated 11-7-2003 was instituted by the respondent against the petitioner before the learned District Judge, Faisalabad which was entrusted to a learned Additional District Judge, Faisalabad. The petitioner was proceeded ex parte on 24-9-2008 after effecting of service upon him through daily "Jang" as prescribed by law. On 19-11-2008, Mian Ehsan Ullah Danish Advocate filed memo of appearance on behalf of the petitioner/defendant before the learned Additional District Judge, Faisalabad and sought adjournment for filing an application for leave to appear and defend the suit. On 21-11-2008, an application under Order XXXVII, Rule 3,…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492