Law: Civil Procedure Code (V of 1908)

Section: S.96,O.XXXVII,R.2

Law: Limitation Act, 1908

Section: 64A

Civil Procedure Code (V of 1908)-- ----O. XXXVII, R. 2---Limitation Act (IX of 1908), Art. 64-A---Summary suit on the basis of cheque---Limitation---Trial Court dismissed suit being time barred---Validity---Summary suit could be filed within a period of three years from the date when the debt became payable---Date on which last cheque was dishonoured should be the date when the debt became payable---Present suit was instituted after expiry of limitation---No illegality or material irregularity had been pointed out in the impugned and decree passed by the Trial Court---Appeal was dismissed in circumstances. Najma Sugar Mills Ltd. v. Mega Trading Company through Chief Executive 2008 MLD 114 and Muhammad Farooq and others v. Abbas Lakadwala and others 2003 CLC 1879 rel. THIS JUDGMENT DELIVERED BY: SHAHID MUBEEN, J.--- Through this Regular First Appeal under Section 96 of C.P.C. the appellant has challenged the legality and validity of impugned judgment and decree dated 24.01.2018 passed by learned Additional District Judge, Pasrur whereby the suit of recovery filed by the appellant was dismissed being time barred. 2. Unnecessary details apart, the facts relevant for disposal of this appeal are that the appellant instituted a suit for recovery of Rs.20,26,000/- under Order XXXVII, Rule 2, C.P.C. against the respondent contending therein that respondent issued cheques in the name of appellant bearing No.3185045 dated 14.11.2012 amounting to Rs.9,13,000/- Cheque No.3185044 dated 04.07.2012 amounting to Rs.9,13,000/-, cheque No.3185041 dated 02.02.2012 amounting to Rs.1,00,000/- and cheque No.3185042 dated 22.02.2012 amounting to Rs.1,00,000/-; that having relation with the appellant the respondent borrowed Rs.23,26,000/- for his business and when he was asked for return of this amount he issued cheques to the appellant; that Rs.2,00,000/- were paid to the appellant and one cheque amounting to Rs.1,00,000/- was lost and this suit is only to the extent of recovery of Rs.20,26,000/-; that he presented the said cheques before the bank for encashment which were dishonoured issuing memo slips due to insufficient funds in the account of respondent. On failure to return the…

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