Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2 & 3---Suit for recovery of money on the basis of negotiable instrument---Promissory note---Scope---Conditional leave to defend the suit subject to furnishing surety was granted but same was not submitted and suit was decreed---Contention of defendant was that alleged promissory note was not a negotiable instrument but same was only a written document---Validity---Promissory note executed between the parties contained an unconditional undertaking on the part of defendant to pay on demand a sum of Rs.5.5 million to the plaintiff---Bare attestation of said document by two witnesses would not exclude the same from its status of being promissory note as no language appeared therein that payment was not payable to "order" or "bearer" which was prerequisite of a bond---Conditional leave to defend the claim was granted to the defendant and said order was not challenged by him and same had attained finality---Defendant having agreed to defend the suit conditionally, was estopped from raising any plea subsequently without first fulfilling the condition subject to which he was granted leave to defend the suit---Failure of defendant to comply the order with regard to furnishing of surety had left no option with the court but to decree the suit---Appeal was dismissed in circumstances. AIR 1925 Patna l88; AIR 1962 Patna 325; PLD 1963 K 926; PLD 2007 Lahore 114; 2011 SCMR 1559; 1996 SCMR 1530; PLD 2005 SC 322; PLD 1987 K 76; 1991 CLC 164; AIR 1978 Madras 712; AIR 1968 Rangoon 45 and PLD 1995 SC 362 ref. PLD 1995 SC 362; Farid Akhtar Hadi v. Muhammad Latif Ghazi and another 1988 CLC 2397; Sheikh Muhammad Shakeel v. Sheikh Hafiz Muhammad Aslam 2014 SCMR 1562 and Murtaza Haseeb Textile Mills v. Sitara Chemical Industries 2004 SCMR 882 rel. (b) Stamp Act (II of 1899)--- ----S. 2(5)---Bond---Scope---Bond was an instrument whereby a person would be bound to pay money to another person conditionally, however such obligation binding the person would become void on performance or non-performance of a specified act---Bond could be without any condition whereby a person would be bound to pay money to the other through a…

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