Law: Civil Procedure Code (V of 1908)

Section: 2

Civil Procedure Code (V of 1908)--- ----O.VII, R.2---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Contract Act (IX of 1872), Ss. 2(d), 10 & 124---Transfer of Property Act (IV of 1882), S. 3---Money suit---Guarantee agreement---Proof of---Procedure---Consideration---Attesting witness and scribe---Evidentiary value---Plaintiff filed suit that defendant had undertaken to pay amount of principal debtor---Suit was decreed by the Trial Court but Appellate Court dismissed the same---Validity---Defendant had agreed to pay the outstanding liability of debtor who was his son---Plaintiff had established guarantee agreement by producing its scribe and one of the marginal witnesses---Scribe of agreement had stated that he had reduced the same into writing which had been read over to the parties and thereafter parties as well as witnesses had thumb impressed/signed the document---Requirements under Art. 17 & 79 of Qanun-e-Shahadat, 1984 had been complied with---Scribe had qualified to be an attesting witness of the deed---Guarantee agreement was neither a contract of indemnity nor contract of guarantee in a strict sense---If a person had undertaken to pay liability of another person then it was a valid consideration---Agreement in question was enforceable under the law, in circumstances---Findings recorded by the Appellate Court were not based on correct appreciation of law and fact which were not sustainable---Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored---Revision was allowed, in circumstances. Nazir Ahmad and another v. M. Muzaffar Hussain 2008 SCMR 1639 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J:---.--- Impugned herein is the judgment and decree of the learned Appeal Court dated 24.11.2011, whereby the learned Appeal Court while accepting the appeal of the respondent has reversed the judgment and decree of the learned trial Court dated 12.05.2010 decreeing the suit of the petitioner. 2. Brief but essential facts of the case are that on 20.12.2008, Fazal Wahid, the present petitioner, had filed a suit for declaration to the effect that an amount of Rs.780,000/- is payable to him by the…

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