Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Negotiable Instruments Act, 1881

Section: 4

(a) Civil Procedure Code (V of 1908)--- ----O.XXXVII, R.2 O.VII, R.10---Promissory note---Additional security of mortgage deed---Jurisdiction---Scope---Document showed that respondent unconditionally undertook to pay Rs.402000/- to the petitioner along with Rs.24000/- per month as profit/rent---Said document was duly signed by the respondent---Such document fulfilled the essentials of promissory note---Petitioner sought money decree on the basis of pro-note and not for recovery of amount by selling the mortgage property on the basis of mortgage deed---Mere fact that mortgage deed had been executed in addition to a promissory-note as an additional security in respect of the same loan amount would not exclude the summary jurisdiction of Court under O.XXXVII, R.2, C.P.C., for the enforcement of promissory note---Such fact would not render the suit liable to be returned under O.VII, R.10, C.P.C.---Civil revision was allowed accordingly. Hatimbhai v. Karimbhai 1993 MLD 988 and Sindh Engineering and Bangle Works Hyderabad and others v. Habab Bank Ltd. PLD 1993 Karachi 38 rel. (b) Negotiable Instruments Act (XXVI of 1881)--- ----S.4---Promissory note---Essentials---Document would be regarded as promissory note if it fulfilled the requirements to the effect that (i) an unconditional undertaking to pay, (ii) the sum should be a sum of money and should be certain, (iii) the payment should be to or to the order of a person who is certain, or to the bearer, of the instrument, (iv) and the maker should sign it. (c) Civil Procedure Code (V of 1908)--- ----O.XXXVII, R.2---Promissory note---Additional security of mortgage deed---Jurisdiction---Scope---Reliance on additional supporting documentary material other than the promissory note would not take the suit out of the jurisdiction of Court under O.XXXVII of C.P.C. Messrs Nagina Cotton Industries and others v. Cotton Export Corporation of Pakistan 1994 CLC 2281 ref. ORDER: ABID AZIZ SHEIKH, JUSTICE:---.--- This Civil Revision under section 115, C.P.C. has been filed against the order dated 07.3.2019 passed by learned Additional District Judge, Lahore whereby suit filed by the petitioner against the respondent under Order…

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