Law: Limitation Act, 1908

Section: 12

Law: Negotiable Instruments Act, 1881

Section: 118

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.2

(a) Limitation Act (IX of 1908)--- ----S. 12---Exclusion of time in legal proceedings---Computation of---Principle---Time consumed in obtaining attested copy of the and decree would be excluded from the time "requisite" for filing appeal, however, even during the said interval, i.e. applying for attested copy and the time when the attested copy is ready for delivery, due diligence on the part of litigant is required and there must be no delay on the part of litigant, unless the same is caused by circumstances over which he had no control Fateh Muhammad and others v. Malik Qadir Bakhsh 1975 SCMR 157; Gul Muhammad v. Allah Ditta PLD 1960 Lah. 443; Muhammad Afzal v. Islamic Republic of Pakistan PLD 1968 Lah. 1205; West Pakistan Industrial Development Corporation v. Aziz Qureshi PLD 1973 SC 222; Mst. Jameela Khatoon v. Mst. Tajunnisa PLD 1984 SC 208 and Cantonment Board, Harian Cantt: v. Muhammad Shafi PLD 1991 SC 400 ref. (b) Civil Procedure Code (V of 1908)--- ----O.XXXVII, R.2---Negotiable Instruments Act (XXVI of 1881), S.118---Suit for recovery of money on the basis of negotiable instrument---Burden of proof---Scope---Presumption attached to the negotiable instrument---Scope---Plaintiff/decree holder, in the present case, by producing the original cheque and Bank Officer had discharged his initial burden, however the -debtor failed to appear as witness or to produce any other witness in support of his plea that the cheque was executed and handed over to the plaintiff as security---Decree issued by Trial Court in favour of plaintiff was upheld---Appeal was dismissed. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.- Through instant appeal, the appellant has questioned the validity, legality and propriety of judgment and decree dated 21.03.2016 passed by learned Additional District Judge-II, Abbottabad, passed in Civil Suit No. 11/1 of 2013, whereby the learned trial court decreed the suit of the respondent/plaintiff for recovery of Rs. 1,221,000/- under Order XXXVII of the Civil Procedure Code, 1908. 2. Brief but essential facts of the case are that the respondent/plaintiff on 04.06.2013 instituted a suit for recovery of Rs. 1,221,000/- before the learned…

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