Law: Civil Procedure Code (V of 1908)

Section: XXXVII,1,3

(a)    Civil Procedure Code (V of 1908)-------O.XXXVII, Rr.1 & 3---Cheque dishonoured---Suit for recovery of Rs.30,00,000/- on the basis of a dishonoured cheque instituted by the plaintiff/respondent---Failure of the respondent to prove the factum as to giving of loan to the appellant/defendant---Evidence beyond the scope of pleadings--Finding of police against the respondent in an application filed by brother of the appellant about stealing of cheque---Suit was decreed by the Trial Court without properly adjudicating upon Issue No.1---Validity---Respondent had failed to prove the assertion of giving of loan of a huge amount to the appellant--Deposition made by PW.1 to PW.3 in their statements-in-chief were not mentioned in the plaint---Appellant produced her bank statement showing her bank balance as zero, whereas, respondent did not furnish any such details, thus, it could be presumed that he had no such amount and respondent had also failed to prove his source of income for giving such a huge amount as loan to the appellant---Real brother of the appellant filed an application against the respondent and another for stealing of cheque, in which concerned Station House Officer reported against them---Respondent failed to prove issue No.1, whereas, the appellant successfully proved that the cheque in question was misused by the respondent in collusion with relative of the appellant but the Trial Court by committing misreading and non-reading of the evidence decided issue No.1 in favour of the respondent and against the appellant as such the findings of the Trial Court were not sustainable---Appeal was allowed, in circumstances.Mehr Noor Muhammad v. Nazir Ahmad PLD 2024 SC 45 and Nazim-ud-Din and others v. Sheikh Zia-ul-Qamar and others 2016 SCMR 24 rel.(b)    Pleadings------Evidence out of pleading could not be considered or discussed and same should be ignored while deciding the lis.Zulfiqar and others v. Shahdat Khan PlD 2007 SC 582; Muhammad Ghaffar (deceased) through LRs and others v. Arif Muhammad 2023 SCMR 344 and Hafiz Qzri Abdul Fateh through L.Rs. v. Ms. Urooj Fatima and others 2024 SCMR 1709 rel.Date of…