Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.2

Civil Procedure Code (V of 1908)--- ----O.VII, R.2---Money suit---Limitation---Dishonor of cheque---Scope---Suit was dismissed being time barred---Validity---Plaintiff filed suit long before three years of the issuance of cheque which was within time---Plaintiff had cause of action to file suit in circumstances---Impugned had been passed without any appreciation of evidence of the parties---Findings recorded by the Trial Court were wrong--- Impugned was set aside and case was remanded to the Trial Court with the direction to rewrite the ---Order accordingly. THIS ORDER PASSED BY: MUHAMMAD ALAM, J.--- This is civil first appeal against the judgment/decree dated 07/04/2016, passed by the learned Civil Judge 1st Class Astore in C. Suit 73/2010, whereby, the trial Court has dismissed the suit of the appellant/ plaintiff in the following words:- "In view of my findings on the issues this suit is held not proved on merits and time barred. Hence dismissed as meritless and time barred. Cost shall follow the event. Order announced in open court. File stands disposed of accordingly and be consigned to record room after due completion. Announced. 7-4-2016 Sd/xxx Civil Judge 1st Class, Astore. 2. Appellant/plaintiff filed civil suit in the trial Court for recovery of Rs. 2,54,000/- with profit at the bank rate, in the light of declaration dated 12/02/2000 read with cheque No. 10213941 and cheque No. 070898, issued by respondent against his account in the Cooperative Bank. Respondents contested the suit and pleaded that the agreement referred in the plaint is false and fictitious, as defendant No.1 never entered into any agreement with appellant/plaintiff. Defendants denied that defendant No.2 ever taken responsibility of payment of suit amount on behalf of respondent No. 1. Learned trial Court completed trial proceedings and passed the judgment dated 07/04/2016. Feeling aggrieved from the same appellant/plaintiff filed the appeal in hand. 3. We have heard thoughtfully considered arguments advanced by the parties. In proof and rebuttal of issues, parties have filed documentary evidence and also adduced oral evidence. It is very important to note that the learned trial Court…

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