Law: Civil Procedure Code (V of 1908)

Section: 118,1

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII---Negotiable Instruments Act (XXVI of 1881), S. 118---Summary suit---Admittedly the subject cheque belonged to the bank account and cheque book of the defendant---Defendant claimed that the cheque in question was lost and he had reported the matter to the police---When the plaintiff presented the cheque to the bank it was dishonoured on the ground of "insufficient funds" and "payment stopped by the drawer", which fact was supported by the statement of the bank manager---Neither it was the statement of the bank manager nor mentioned on memorandum of refusal of cheque that the cheque did not contain signatures of the defendant---Presumptions mentioned in S. 118 of the Negotiable Instruments Act, 1881 were attached with a negotiable instrument unless proved to the contrary---Said presumptions were to be rebutted by the defendant---When the ground for dishonour of a cheque was "insufficiency of funds" and "stopped payment", there could be no presumption that cheque was not having signatures of the defendant---Defendant had the choice to produce a Handwriting Expert when he disputed his signatures upon the cheque, but he opted not to produce any such expert---Suit filed by plaintiff had been rightly decreed by the High Court---Appeal was dismissed. Salar Abdur Rauf v. Mst. Barkat Bibi 1973 SCMR 332; Rohithai Jivanlal Patel v. State of Gujarat and another AIR 2019 SC 1876; Uttam Ram v. Devinder Singh Hudan and another 2019 (10) SCC 287 and Abdul Rasheed v. Fazal Ali Shah 2016 SCMR 2163 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XIV, R. 1 & O. XXXVII---Summary suit---Issues, framing of---Defendant raising objection regarding framing of issues for the first time before the Supreme Court---Before the Supreme Court when the pleadings of the parties were in their knowledge and both the parties had led evidence of their own choice in the shape of oral as well as documentary, the objection of non-framing of proper issues was not relevant---Appeal was dismissed. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this appeal filed under Article 185(2) of the Constitution of Islamic Republic…

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