Case Details

Citation(s)
2011 SLG 591 2011 SLD 591 2011 CLC 430
Peshawar High Court
R.F.A. No. 7 of 2008, decision dated: 20-09-2010
MUHAMMAD SAFDAR KHAN SIKANDRI, J

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MUHAMMAD KHALIL KHAN

VS

SALAHUDDIN

Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr. 2 & 3---Negotiable Instruments Act (XXVI of 1881), S. 118---Qanun-e-Shahadat (10 of 1984), Art. 59---Suit on basis of promissory note---Signature on promissory notice and cheques denied by defendant in written statement and evidence---Report of Handwriting Expert showing signatures of defendant on promissory note not in conformity with his Specimen Signature Card of Bank---Validity---Statutory presumption of truth was attached to promissory note unless same was rebutted---Burden lay on defendant to prove that promissory note was forged---Expert opinion was that signature on promissory note was not that of defendant and was forged---Nothing on record to prove that opinion of expert was otherwise---Cheques had become irrelevant due to failure of plaintiff to prove promissory note---Suit was dismissed in circumstances. Rustam Khan Kundi for Appellant. S. Mastan Ali Zaidi for Respondent. Date of hearing: 14th September, 2010. JUDGMENT MUHAMMAD SAFDAR KHAN SIKANDRI, J.---This regular first appeal is directed against the judgment and decree dated 2-4-2008 passed by learned Additional District Judge-IV, D.I. Khan whereby the suit of the plaintiff-appellant for recovery of Rs.20,00,000 (Rupees twenty lacs) on the basis of promissory note dated 14-10-2003 was dismissed. 2. The brief facts giving rise to the instant appeal are that the plaintiff-appellant brought a suit against the defendant-respondent for recovery of Rs.20,00,000 along with interest at Bank rate on the basis of promissory note dated, 14-10-2003. The suit was contested by the defendant-respondent by filing written statement. The pleadings of the parties were reduced into five issues including the relief by the learned trial Court. The parties produced their respective evidence as they wished to adduce in support of their respective claims. After hearing the arguments of learned counsel for the parties, the learned trial Court dismissed the suit of the plaintiff-petitioner vide judgment and decree dated 20-5-2005. 3. Having felt aggrieved from the impugned judgment and decree dated 20-5-2005, the plaintiff-appellant filed appeal in this Court which…
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