Law: Civil Procedure Code (V of 1908)

Section: 1

(a) Civil Procedure Code (V of 1908)---O. XXXVII, Rr. 1 & 2---Suit for recovery of money---Pro note, consideration of---Proof---Suit filed by plaintiff on the basis of pro note was dismissed by Trial Court---Plaintiff did not produce any witness to prove payment of consideration amount---Pro note was proved to be without consideration and no decree on the basis of such pro note could be passed, as plaintiff had no cause of action against defendant---High Court declined to interfere in passed by Trial Court---Appeal was dismissed in circumstances. (b) Negotiable Instruments Act (XXVI of 1881)--- ----S. 13---Civil Procedure Code (V of 1908), O.XXXVII, Rr. 1 & 2---Stamp Act (II of 1899), S.35 & Art. 49 [as amended by Punjab Finance Act, 1995]---Negotiable instrument---Deficient stamp---Admissibility in evidence---Principle---Pro note is liable to be stamped under Art.49 of Stamp Act, 1899 and by virtue of amendment made by Punjab Finance Act, 1995, stamp of an amount of Rs.100 is payable if amount exceeds Rs.500,000---Provision of proviso (a) to S.35 of Stamp Act, 1899, is curative and covers situation according to which if any instrument is not stamped or insufficiently stamped would be admitted in evidence on payment of penalty---Payment of stamp duty is a matter between a citizen and the State and an adversary cannot be permitted to capitalize on a technicality which otherwise is not fatal to suit. JUDGMENT SHAHID WAHEED, J.---Challenge in this appeal is to the judgment and decree dated 30-6-2006 passed by the learned Additional District Judge, Mianwali, whereby the appellant's suit for recovery of Rs.2,10,000 was dismissed. 2. Briefly stated the facts of the case are that the appellant Muhammad Hussain instituted a suit under Order XXXVII, Rule 2, C.P.C. against the respondent/ defendant, Malik Allah Yar Khan, for recovery of a sum of Rs.2,10,000 on the basis of pronote dated 16-8-2002 (Exh.P1). As per contents of the plaint, the respondent on 16-8-2002 approached the appellant for Qarze Hasna amounting to Rs.2,10,000. The appellant keeping in view the cordial and previous conduct of the respondent extended Qarze Hasna to the respondent in the…

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