Law:

Section:

Civil Procedure Code (V of 1908)--- ---O. XXXVII, Rr. 2 & 3---Negotiable Instruments Act (XXVI of 1881), S.118---Institution of summary suit on negotiable instruments---Contention of defendant was that he had paid the whole amount to the plaintiff---Suit was decreed by the Trial Court---Validity---Certified copies of dishonoured cheques as well as endorsement of bank and statement of account had not been denied by the defendant---Issuance of cheques had been admitted by the defendant---No proof was available on record toestablish that defendant had paid amount to the plaintiff---Presumption of correctnesswas attached in favour of documents which would fall within the ambit of Negotiable Instruments Act, 1881---Defendant was bound to discharge the initial presumption, he had not proceeded with the matter diligently and ex parte decree was passed against him---Ample opportunity had been granted to the defendant but he showed his negligent conduct in pursuing the suit---Appeal was dismissed in circumstances. 1980 CLC 110; PLD 1962 Pesh. 28; PLD 2001 Lah. 9 and PLD 2004 SC 10 rel. THIS JUDGMENT DELIVERED BY: HASAN FEROZ, JUSTICE:---.--- This appeal is preferred by the appellant on being aggrieved and dissatisfied with the judgment and Decree passed in Summary Suit No. 66 of 2007 by 1st Additional District Judge, Karachi (East) dated 19-4-2011 whereby the Summary Suit of the respondent brought under Order XXXVII, Rules 1 and 2, C.P.C. for recovery of Rs.4,72,030 has been decreed. 2. Succinctly the facts are that the respondent No. 1 is running a business of poultry in the name and style of "Qaderi Poultry Services" and had entered into verbal agreement with the appellant regarding the sale and purchase of poultry birds and feed and in response .to such agreement poultry birds and feed were supplied and the appellant issued cheques in favour of the respondent No. 1 dated 25-4-2006 for Rs.65000, cheque dated 27-4-2006 for Rs.55,000, cheque dated 28-4-2006 for Rs.56150, cheque dated 4-5-2006 for Rs. 50000 and cheque dated 6-5-2006 for Rs.52442 all such cheques were dishonoured on their presentation, as such a summary suit for recovery of Rs.4,72,030 was brought…

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