Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, R. 2---Summary suit for recovery of money---Plaintiff-respondent produced Cashier of the Bank who affirmed the existence of account number of the defendants-respondents and production of cheque by the plaintiff-respondent---Plaintiff-respondent himself appeared in the witness box in support of his claim---Defendants-respondents had failed to rebut the claim of the plaintiff-respondent through any reliable evidence brought on record---Plaintiff-respondent had successfully established his case through oral and documentary evidence---Trial court had reached to a correct conclusion while passing and decree which was based on sound reasons and correct legal footings---Appeal was dismissed with cost. Muhammad Iqbal Khan Kundi for Appellants. Rustam Khan Kundi for Respondent. Date of hearing: 8th February, 2013. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.--- This regular first appeal has been directed against the judgment and decree dated 28-6-2010 passed by the learned Additional District Judge Tank, whereby the suit of the respondent Lal Badshah was decreed against the appellants Abdul Baqi etc.; as prayed for in the plaint. 2. Essential facts leading to the filing of the instant appeal are that on 18-9-2007, the respondent, namely, Lal Badshah, filed a suit against Abdul Baqi for the recovery of Rs.2,00,000 along with interest/profit on bank rate in terms of Order XXXVII, Rule 2, C.P.C., on the basis of Cheque No.176148 payable through the Bank Alfalah Limited D.I. Khan which was dishonoured due to the non-availability of any amount therein. The respondent was served through registered AD, but he failed to appear before the learned Additional District Judge Tank and thus he was proceeded ex parte on 14-2-2008. The plaintiff was thus was directed to submit the list of witnesses for recording ex parte evidence. However, during the proceedings, the respondent died and thus his legal heirs were summoned but they also failed to appear and hence they too were proceeded ex parte. Thereafter, the plaintiff was directed to submit the list of witnesses who accordingly produced ex parte evidence and vide judgment and decree dated…

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