Law: Civil Procedure Code (V of 1908)

Section: 2

Civil Procedure Code (V of 1908)--O. XXXVII, Rr. 2 & 3---Stamp Act (II of 1899), S. 2(5)---Negotiable Instruments Act (XXVI of 1881), S. 4---Qanun-­e-Shahadat (10 of 1984), Arts. 17(a) & 79---Constitution of Pakistan, Art. 185(3)---Suit for recovery of amount on basis of promissory note---Non-cancellation of stamp on promissory note and non-production of marginal witnesses by plaintiff to prove its execution---Validity---Supreme Court granted leave to appeal to consider questions as to whether short cause suit could not be treated as long cause suit in consequence of purported non-cancellation of stamps on promissory note; what was the legal effect of partial non-cancellation of stamps on promissory note; whether plaintiff under Arts. 17 & 79 of Qanun-e-Shahadat, 1984, was obliged to produce both marginal witnesses despite deposition of scribe to the effect that promissory note and receipt were written by him and were signed by defendant in his presence; and whether promissory note did require production of two marginal witnesses after promulgation of Qanun-e-Shahadat, 1984 or whether attestation of two witnesses on promissory note would under law change its nature. ORDER MUHAMMAD SAIR ALI, J.---heave is granted…

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