Law: Qanun-e-Shahadat (10 of 1984)

Section: 26(g) , 118

Law: Civil Procedure Code (V of 1908)

Section: 26

  Qanun-e-Shahadat (10 of 1984)--- ----Art. 129(g)---Withholding of evidence---Presumption---Court could presume that evidence which could be but was not produced would, if produced, be unfavourable to the person who had withheld the same. Civil Procedure Code (V of 1908)--- ----S. 26---Qanun-e-Shahadat (10 of 1984), Art.118---Suit for recovery of amount spent on furniture, furnishing and equipment of premises---Plaintiff's case was that defendant being Managing Director of the Bank which was subsequently merged with plaintiff-Bank had used funds of merged bank for furniture, furnishing and equipment of office which was and being used by establishments/defendants owned by said defendants and that said amount had not been paid back---Defendant's case was that said premises were being used by the Board of Directors of the merged bank before its merger and that stipulation between parties was that said Bank would use such premises without payment of any rent, licence fee for premium to be paid to any of the defendants and in consideration thereof, they would renovate said premises---Such fact was also admitted by plaintiffs witness---Plaintiff-Bank could not produce any document to prove that amount claimed was paid to the firm who had renovated such premises---Plaintif if thus failed to prove that any amount was due from defendants to plaintiff---Suit was dismissed in circumstances. Rehmatullah Qadri for Plaintiff. Shamsul Arfin for Defendants JUDGMENT This is a suit filed by the plaintiffs for recovery of a sum of Rs.1,68,203. The case of the plaintiffs is that the present defendant No.l, who was a Director and Chief Executive of Standard Bank Limited from 8-8-1969 and Managing Directors of the same Bank till 22-5-1973 was also the Director of defendant No.2 and holding major shares of the defendant No.3. It is asserted in the plaint that on or about 14-9-1971 the defendant No.l had proposed to the plaintiffs for setting up the Managing Directors Secretariat alongwith Board Room on 9th Floor of Muhammadi House, which was in the tenancy of defendant No.2. This proposal was approved by the Directors of the Standard Bank, who authorised the defendant…