| Citation(s) |
|---|
| 2025 SLG 954 2025 SLD 954 |
Revision Application No.39 of 2025
Hon'ble Mr. Justice Arshad Hussain Khan(Author)
11.03.2025. Mr. Zahid Hussain Shar, advocate for applicant.
Arshad Zubairi S/o Abdul Shakoor (Applicant)
VS
Muhammad Ashfaq (Respondent)
Law: Code of Civil Procedure (CPC) , 1908
Section: 12(2),XXXVII Rule 4,115,XXXVII
Law: Pakistan Penal Code, 1860
Section: 489-F
Summary:
The applicant has filed a Civil Revision Application challenging the order dated 29.01.2025 passed by the XIth Additional District Judge, Karachi-South. The applicant had filed applications under Section 12(2) CPC in Summary Suit No.122/2022 and under Section XXXVII Rule 4 CPC in Execution Application No.01/2023, seeking to set aside the judgment and decree dated 16.12.2022. Both applications were dismissed by the trial court.
Facts of the Case:
The respondent invested Rs. 500,000 in the applicant's business with a promise of profit. When the applicant failed to repay the investment or profit, the respondent presented the cheque, which was dishonored due to insufficient funds. The applicant issued another cheque, which was also dishonored, leading to the filing of FIRs.