Law: Pakistan Penal Code, 1860

Section: 392,408,467

Law: Pakistan Penal Code, 1860

Section: 392,408,467

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII

Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr.2 & 3---Suit for recovery of amount of dishonoured cheque---Application for leave to defend suit---Application for leave to defend suit though mentioned that cheque was never issued by the defendants, but memorandum of the Bank whereby cheque was returned on two occasions showed that "the funds were not sufficient" and not that "the drawer's signature differed"---Only plausible and logical conclusion that could be drawn was that the cheque was issued by the defendants to the plaintiff under valid signatures---Mere disputing the amount envisaged in the cheque or cheque itself, would not entitle the defendants for leave as impact of O. XXXVII, C.P.C. was to curtail full trial of the suit---Object of summary procedure having been achieved by the plaintiff needed to be efficaciously remedied and no prolong commercial litigation was required since admission of partnership and its dissolution subsequently was also admitted; and also the fact that cheque had been dishonoured for want of adequate funds and not because of falsification of signatures of the defendants---No fair dispute existed to be tried, application to defend suit was dismissed and suit filed by the plaintiff was decreed with interest, in circumstances. Asif Nadeed v. M/s. Bexshim Corp. 2001 CLC 653; Naveed Haider v. M/s. Noman Abid Co. Ltd. 2009 CLC 1123; Muhammad Ali Nawaz and 3 others v. Sh. Muhammad Aslam PLD 2010 Lah. 219 and Tahir Hassan Choudhery v. Shahid Ahmed Khan 2006 CLC 640 ref. Muhammad Khalid for Plaintiff. Sardaruddin Qureshi for Defendants ORDER SALMAN HAMID J.---Present Suit under the Summary Chapter of the Code of Civil Procedure 1908 has been brought by the plaintiff upon dishonour of a Cheque bearing No.0953719 dated 28-10-2008 drawn on UBL, Molvi Musafir Khana Branch, Karachi amounting to Rs.3,500,000 issued by the defendants headed for settlement of partnership account that existed between them past to its dissolution. 2. The case of the plaintiff was that at the start a partnership was established between the plaintiff and defendants in which both the parties were equivalent partners and stash were also made by them…

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