Law: Civil Procedure Code (V of 1908)

Section: 2

Law: Negotiable Instruments Act, 1881

Section: 118,4

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

Section: 79

Civil Procedure Code, 1908 (V of 1908)-- ----O.XXXVI, R. 2--Negotiable Instruments Act, (XXVI of 1881),S. 118--Suit for recovery--Promissory note--Obtaining of loan--Finger print expert report--Suit was decreed--Non-producing of second witness of promissory note was failed to rebuttal of arising presumption--Challenge to--Requirement of attestation of promissory note--Neither any attestation is required on promissory note nor there is any requirement of calling witnesses to prove its execution--Conclusion of expert went totally against interest of petitioner could not extract anything adverse therefrom despite lengthy cross-examination has completely failed to raise any probable defense or to show by producing any convincing evidence that promissory note lacks consideration, hence he has remained unsuccessful to rebut presumption arising under section 118(a) of N.I.A., 1881.  2014 SCMR 1562, PLD 2017 Lahore 45, PLD 2016 Lahore 502,2007 CLD 1084, 2005 SCMR 152 ref. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 79--Use of document as evidence--A document cannot be used as evidence until two witnesses at least are called to prove execution, however, this requirement applies only if that particular document is required by law to be attested. Negotiable Instruments Act, 1881 (XXVI of 1881)------S. 4--Promissory note--Promissory note, which is an unconditional undertaking, is only required to be signed by maker.  Negotiable Instruments Act, 1881 (XXVI of 1881)------S. 118--Negotiable instrument--Once a negotiable instrument is successfully brought on record and its execution is proved, presumption as to valid consideration arises in favour of instrument and it remains attached to instrument until contrary is proved by one who is disputing consideration. AIR 1973 Andhra Pradesh 103 ref. JUDGMENT Present revision petition, filed under section 115 of the Code of the Civil Procedure, 1908 (the ‘Code’), is directed against the judgment and decree dated 09.11.2021 passed by learned Additional District Judge, Minchinabad, whereby, the appeal against the judgment and decree dated 20.03.2021 passed by learned Civil Judge First Class, Minchinabad, has been…

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