Law: Negotiable Instruments Act, 1881

Section: 118

Law: Qanun-e-Shahadat (10 of 1984)

Section: 84

Law: Civil Procedure Code (V of 1908)

Section: 1,2

(a) Negotiable Instruments Act (XXVI of 1881)--- ----S. 118---Qanun-e-Shahadat (10 of 1984), Art. 84---Civil Procedure Code (V of 1908), O. XXXVII, Rr. 1 2---Recovery of money---Negotiable instrument---Presumption---Signature, comparison of---Plaintiff sought recovery of money on the basis of Bank cheque which was dishonoured on presentation due to insufficient funds but the suit was dismissed by Trial Court---Validity---Material contradictions existed between the stance taken by defendant in his evidence as well as in written statement---Evidence of defendant was so contradictory and sketchy that the same could not be used for declaring stance of defendant as correct---Defendant denied his signatures on the cheque however he did not make effort for its comparison which was necessary in order to ascertain actual position---Defendant was supposed to file application for comparison of signature, if he deemed that such stance was correct---Even Trial Court also did not make any effort in such regard as Trial Court had exclusive jurisdiction to send the matter to Handwriting Expert under Art. 84 of Qanun-e-Shahadat, 1984 for comparison of signatures---Initial presumption under S. 118 of Negotiable Instruments Act, 1881, was that a negotiable instrument/cheque was made, drawn, accepted or endorsed for consideration---Although such presumption was rebuttable yet onus was on the person denying consideration to allege and prove the same--- Where execution of negotiable instrument was admitted, under S. 118 of Negotiable Instruments Act, 1881, the burden of proof of non-payment of consideration was upon the executant, and the same was lacking---High Court set aside and decree passed by Trial Court and decreed the suit filed by plaintiff---Appeal was allowed, in circumstances. Muhammad Arshad and another v. Citibank N.A., Lahore 2006 SCMR 1347 and Muhammad Azizur Rehman v. Liaqat Ali 2007 SCMR 1820 rel. (b) Pleadings--- ----Parties cannot go beyond their pleadings--- Particulars of evidence need not to be mentioned in plaint and it can be produced during recording of evidence. Muhammad Siddique v. MBR/CSC, Punjab and others 2017 MLD 770 and The State v. Anwar Saif Ullah…

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