Law: Civil Procedure Code (V of 1908)

Section: O.VIII,IX,XXXVII,R.1,2,7

Civil Procedure Code (V of 1908)--- ----O.XXXVII Rr.2 & 7, O.VIII, R.2 & O. IX, R.1----Suit on the basis of negotiable instruments---Nature---Power of Trial Court to direct presentation of evidence or appoint expert---Scope---Cumulative reading of Os.VIII and IX of C.P.C. along with O.XXXVII, C.P.C. signified that satisfaction of Trial Court was paramount for decision of a suit on negotiable instrument; and for such satisfaction Trial Court could call for evidence, appoint local commission, or appoint an expert in order to arrive at a just and proper conclusion---Trial Court in a suit under O.XXXVII, C.P.C. therefore could not be stopped from directing any party to produce evidence in order to prove his/her case. Col. (Retd.) Ashfaq Ahmed and others v. Sh. Muhammad Wasim 1999 SCMR 2832 ref. C.N. Ramappa Gowda v. C.C. Chandregowda (dead) through L.Rs. and another 2013 SCMR 137; Provincial Government through Collector Kohat and another v. Shabbir Hussain PLD 2005 SC 337 and Rehmat Ali v. Additional District Judge, Multan and others 1999 SCMR 900 rel. THIS ORDER PASSED BY: FAISAL ZAMAN KHAN, J.--- Through this Civil Revision, order dated 26.01.2018 passed by learned Additional District Judge Lahore has been assailed, by virtue of which, petitioner has been asked to produce his evidence. 2. Facts giving rise to the present petition are that on the basis of a cheque issued by the respondent in favour of the petitioner, a suit under Order XXXVII, C.P.C. was filed by the petitioner against the respondent in which, in spite of service, respondent failed to appear, because of which, after the publication in the newspaper, he was proceeded against ex parte on 26.01.2018 and the petitioner was asked to produce his evidence, therefore, this petition. 3. Learned counsel for the petitioner with vehemence argued that the procedure provided under Order XXXVII, C.P.C. is summary in nature and in case, there is no rebuttal to the contents of the plaint, the court is supposed to decree the suit forthwith. Reliance is placed upon Col. (Retd.) Ashfaq Ahmed and others v. Sh. Muhammad Wasim (1999 SCMR 2832). 4. Arguments heard. Record perused. 5. A perusal of the impugned…

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