Law: Civil Procedure Code (V of 1908)

Section: 2

Civil Procedure Code (V of 1908)--- ----O. VII, R. 2---Money suit---Contention of plaintiff was that defendant had not paid amount according to agreement between the parties---Suit was decreed concurrently---Validity---Plaintiff in order to prove his case had himself appeared before the Trial Court and had supported the stance taken in the plaint---Plaintiff had also produced Notary Public and marginal witness of agreement who had supported his stance---Defendant had denied the claim of plaintiff in his written statement but he had admitted the claim of plaintiff in his statement recorded before the Trial Court---Plaintiff had proved his claim by adducing reliable and cogent evidence before the Trial Court---Courts below had properly examined the record and had rendered a just and right conclusion---No illegality or irregularity had been pointed out in the impugned s and decrees passed by the Courts below---Revision was dismissed, in circumstances. JUDGMENT ALI BAIG, J.--- This Civil Revision Petition has been preferred against the impugned judgment/order dated 31-8-2018 passed by the learned Additional District Judge Gilgit in Civil 1st Appeal No. 26/2018 whereby the learned 1st Appellate Court has dismissed the civil 1st appeal of the present petitioner/defendant by maintaining judgment/decree dated 12-3-2018 passed by the learned Civil Judge 1st Class Gilgit No.1. 2. The facts of case shortly stated are that the present respondent/plaintiff instituted a suit for recovery of an amount of Rs. 160,000/- along with Rs. 1500/- per day as a haltage against the present petitioner/defendant in the Trial Court claiming that the petitioner/defendant had bought a vehicle/jeep bearing registration No. DMR 1154 from the plaintiff/ respondent herein vide an agreement dated 27-2-2004. According to agreement the petitioner/defendant had promised to pay Rs. 40,000/- by 20-3-2004 and remaining amount amounting to Rs. 120,000/- by the month of May 2004 to the present respondent/plaintiff and in default thereof the defendant/petitioner under took to pay Rs. 1500/-per day as a haltage to the present respondent/plaintiff. The plaintiff/respondent demanded the petitioner/defendant…

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