Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XXXVII, Rr.1 & 2---Limitation Act (IX of 1908), S. 5 & Art. 76---Plaintiff rendered loans to defendant against cheque and promissory note on different occasions---Cheque and promissory note were not honoured---Plaintiff filed summary suit along with application for condonation of delay---Defendant did not file leave to defend but filed their objection as to limitation---Application and suit were dismissed by Trial Court---Validity---Suit for recovery of amount to the extent of cheque was beyond the time of limitation, but limitation to the extent of promissory note was well within time---When the suit for recovery had been filed regarding multiple claims and out of which some of the claims were time barred, entire suit could not be dismissed on basis of being time barred---Court should have decided entire suit after recording of evidence supported with relevant documents and questions pertaining to maintainability of claims---In absence of application of leave to defend by defendant, presumption of consideration in respect of negotiable instrument could not be rebutted and same had to be decreed---Outright rejection of plaint in superficial manner without considering claims, documents and evidence was material irregularity and illegality---Order and decree passed by Trial Court was set aside, in circumstances. United Bank Ltd. v. Mrs. Bilquees Begum and 3 others 1988 CLC 1613 rel. Valueg Old Ltd. and 2 others v. United Bank Ltd. PLD 1999 Kar. 1; Muhammad Ashraf v. Habib Bank Ltd. 2005 CLD 1367 and Phool Badshah v. ADBP 2012 SCMR 1688 ref. THIS JUDGMENT DELIVERED BY: SHAHNAWAZ TARIQ, JUSTICE:----------- Through the captioned first appeal, appellant Anwar Ahmed Khan Yousuf Zai has impugned order dated 23.02.2012, and decree dated 29.02.2012, passed by the learned VI Additional District Judge, Karachi South, whereby summary suit No.39 of 2011, filed by the appellant against the respondents was dismissed. 2. The relevant facts spelt out from the instant civil appeal are that the appellant filed summery suit before the Court of District Judge, Karachi South, which was transferred to the Court of VI Additional…

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