Law: Civil Procedure Code (V of 1908)

Section: XXXVII

Civil Procedure Code, 1908 (V of 1908)-- ----O.XXXVII--Suit for recovery--Issuance of cheque--Cheque was dishonoured--Application for leaflets of cheque book--Dismissal of suit--Star witness of appellant was hostile by appellant--Non-producing of evidence by appellant regarding connection of respondent with any travel agency--Contradiction in evidence of appellant--Appellant was failed to discharge onus of proof--Star witness on whom appellant had placed his reliance, was declared hostile by appellant himself produced his service card as a security guard which put to rest tall claims by appellant about respondent running a travelling agency--The appellant could not produce any evidence establishing any connection of respondent with any travel agency --The appellant also admitted that he had no bank account--A person without a bank account is hardly in a position to lend such a huge amount of cash--There are major contradictions in evidence of appellant--Neither appellant nor his brother deposed a word about monthly income of appellant--Appellant failed to discharge onus of proof, could not establish his case and therefore, onus never shifted--Appeal dismissed. 2021 CLD 1261 and 1973 SCMR 332 ref. JUDGMENT Through this judgment, the titled Regular First Appeal is sought to be decided. 2. Shahid Akhtar, appellant, filed a suit under Order XXXVII of the Code of Civil Procedure, 1908 for the recovery of Rs. 15,00,000/-due on account of Cheque No. 5408067 dated 01.01.2014 of Bank Al-Habib Limited Parco Branch drawn by respondent Muhammad Azam Abbas. The appellant maintained before the District Court that he is an electrician and on account of his acquaintance with the respondent, he lent and loaned an amount Rs. 15,00,000/-to the respondent. The appellant averred that the respondent was in need of money for the purpose of going abroad and therefore the appellant ended up lending Rs. 15,00,000/-in the presence of two witnesses i.e.Qaiser Abbas son of Riaz Hussain and Zubair Akhtar son of Ashiq Hussain. The appellant maintained that the respondent executed the cheque in issue for the purpose of repayment of borrowed amount and which when presented before the concerned…

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