Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr. 2 & 3---Institution of summary suit based on negotiable instruments---Comparison of finger prints/impressions---Dismissal of suit on the basis of report and statement of Finger Prints Expert---Scope---Contention of plaintiff was that Finger Prints Expert had not checked the finger impressions of defendant available on pro note rather finger impressions affixed on the receipt of the pro note were compared---Validity---Plaintiff himself moved an application for sending original pro note and samples of finger impressions of the defendant for opinion of Finger Prints Expert and then to decide the case on such report---Trial Court sent original pro note along with sample slip of finger impressions of defendant to the Finger Prints Bureau who reported that there was difference between the finger impressions affixed on the document and sample slip of finger impressions of defendant---Receipt to the pro note was an integral part of the same which could not be taken in isolation from the same---Dent had been created in the case of plaintiff by the report of Finger Prints Bureau which could not be repaired---Such exercise was undertaken on the application of plaintiff by the court and now he was bound to accept the result---No illegality had been pointed out in the and decree passed by the Trial Court---Appeal was dismissed in circumstances. Rabnawaz Awan for Appellant. Muhammad Anwar Awan for Respondent. Date of hearing: 9th October, 2013. JUDGMENT LAL JAN KHATTAK J.--- This regular first appeal is directed against the judgment and decree dated 22-7-2011 of the learned Additional District Judge-VI, D.I.Khan whereby recovery suit of the appellant instituted on the basis of a pro note has been dismissed. 2. Necessary facts of the case are that the appellant instituted a suit under Order XXXVII, C.P.C. against the respondent for the recovery of Rs.5,00,000 on the basis of a pro note executed by her on 28-10-2007. On summons, the respondent appeared before the court and filed application for leave to defend the suit. Before passing an order, by the court, on the leave to defend application, the appellant-plaintiff…

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