Case Details

Citation(s)
2017 SLG 2415 2017 SLD 2415 2017 YLR 1498
Sindh High Court
1st Appeal No. 9 of 2011, decision Dated: 28-3-2016. Hearing Date : 11-1-2016.
ABDUL RASOOL MEMON, JUSTICE
Muhammad Siddiq Shahzad for Appellant.

MANAGER

VS

MUNAWWAR SULTANA AND ANOTHER

Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2 & 3---Stamp Act (II of 1899), S. 49---Suit on the basis of promissory note---Negotiable instrument---Scope---Trial Court dismissed the suit holding that promissory note was insufficiently stamped and same was not admissible in evidence---Validity---Promissory note payable on demand for an amount not exceeding Rs. 250,000/- was chargeable with stamp duty of Rs. 50/- at the time of its execution---Promissory note, in the present case, was written on stamp paper of Rs. 20/- having adhesive stamp of Rs. 30/---Stamp duty of Rs. 50/- had been charged properly on the promissory note of Rs. 150,000/---Promissory note could be written on a paper having adhesive stamps or stamp paper and it was not necessary that promissory note must be affixed with adhesive stamps---Defendants having not come in the witness box, their written statement could not be considered---Nothing was in rebuttal of evidence of plaintiff---Negotiable instrument itself be treated as evidence against the defendant---Plaintiff had established his claim through documentary evidence---Impugned was set aside and suit was decreed---Appeal was allowed in circumstances. Messrs Habib Bank Limited v. Chaudhry Cloth House 1991 CLC 164 ref. Muhammad Sharif v. Muhammad Hashim Paracha and another PLD 1987 Kar. 76; Messrs Bahria Foundation, Karachi v. Abdul Aleem Butt PLD 2006 Kar. 545; PLD 2010 SC 604; PLD 2004 SC 465 and PLD 1987 Kar. 102 rel. (b) Pleadings--- ----Written statement could not be treated as piece of evidence unless the person having filed it was examined. PLD 2010 SC 604 and PLD 2004 SC 465 rel. THIS JUDGMENT DELIVERED BY: ABDUL RASOOL MEMON, JUSTICE:---.--- This Appeal is directed against the judgment dated 31.5.2010 passed by learned IV-Additional District Judge, Karachi Central whereby the suit filed by the appellant for recovery of Rs.54,350/- under O. XXXVII Rule 2, C.P.C. against the respondent was dismissed. 2. The facts leading to filing of the above suit are that the appellant, a private limited company incorporated under the Companies Ordinance, 1984, employed the respondent No. 1 as a Medical Information Officer. The…
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