Law: Code Of Civil Procedure, 1908.

Section: Order XXXVII Rules 1–3, Section 52

Law: Negotiable Instruments Act, 1881

Section: Section 128

Law: Pakistan Penal Code, 1860

Section: Sections 29 & 29-A

Law: Contract Act, 1872

Section: Section 489-F

JUDGMENT SHEET

  MIANGUL HASSAN AURANGZEB, J:-  Through the instant regular first appeal, the appellants, who are the son and the widow of late Muhammad Aslam Qureshi, impugn the judgment and decree dated 29.09.2014, passed by the Court of the learned Additional District and Sessions Judge, Islamabad, whereby the suit for recovery of Rs.14,56,210/- instituted by respondent No.2 (Chaudhary Liaquat Ali) under Order XXXVII, of the Code of Civil Procedure, 1908 (“C.P.C.”), was decreed. 

2.                  Respondent No.2/plaintiff had instituted a suit under Order XXXVII C.P.C. against the son and widow of Muhammad Aslam Qureshi claiming that the latter had purchased iron bars from respondent No.2 for a total consideration of Rs.24,56,210/-, out of which Rs.10,00,000/- was paid in cash, whereas for Rs. 14,56,210/-, Muhammad Aslam Qureshi had given him cheque No.7389662 drawn on Habib Bank Limited, Alipur, Islamabad. The said cheque is said to have been dishonoured on presentation. Muhammad Aslam Quereshi died on 03.12.2010. On 29.03.2011, respondent No.2 instituted the said suit. Vide judgment and decree dated 29.09.2014, the said suit was decreed. The said judgment and decree has been impugned in the instant regular first appeal.