Law:

Section:

(a) Negotiable Instruments Act (XXVI of 1881)-------S. 118---Civil Procedure Code (V of 1908), O. XXXVII, R.2---Suit for recovery on the basis of pro note---Proof of execution---Presumption as to negotiable instrument of consideration (etc.)---Plaintiff proved execution of pro note by producing scribe and marginal witnesses---Under S.118 of the Negotiable Instruments Act, 1881 presumption (of due execution) was attached to negotiable instrument---Minor discrepancies could not be made basis for non-suiting the plaintiff---Witnesses had admitted their signatures with slight variations which were not material---Defendant having admitted pro note, variations in deposition of marginal witnesses regarding venue and signatures and non-payment of consideration in their presence were not fatal---Trial Court did not appreciate evidence properly---Appeal was accepted. (b) Negotiable Instruments Act (XXVI of 1881)--- ----S. 118---Presumption as to negotiable instruments of consideration (etc.)---Under S.118 of the Negotiable Instruments Act, 1881 presumption (of due execution) was attached to negotiable instruments. JUDGMENT ABDUL LATIF KHAN, J.---Aggrieved of the judgment and decree dated 27-11-2010 passed by the learned District Judge-II, D.I. Khan vide which his suit for recovery of Rs.13,27,250 on the basis of pro note dated 24-10-2005 along with interest at the rate of 14% was dismissed, the appellant has filed the instant appeal. 2. Learned counsel for the appellant contended that trial Court has not evaluated the evidence available on file. No issue-wise discussion made as laid down in Order XX, Rule 5, C.P.C. It was argued that findings on issues Nos.1, 2, 7, 9 and 10 are inconsistent with law and facts of the case. It was contended that all the witnesses of promissory note were examined but were not properly appreciated and wrong conclusion was arrived at. It was argued that trial Court has ignored the fact that Muhammad Aslam witness happens to be the real brother of defendant residing in one house and has made concessions in his statement in favour of his brother, the advantage of same could not be extended to him. It was contended the burden lies upon the…

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