Law:

Section:

Civil Procedure Code (V of 1908)--- ----OXXXVII, R.2 & S.100---Second appeal---Suit for recovery of amount on basis of promissory note---Execution of Promissory Note on basis of which disputed amount was taken, was denied by borrower--­Plaintiff by producing scribe of Promissory Note, Stamp Vendor and handwriting expert had fully proved execution of promissory note--- Appellate Court after examining entire evidence on record reversed finding of Trial Court according to which suit was dismissed---Judgment and decree of Appellate Court based on record and cogent reasons was unexceptionable in circumstances and could not be challenged in second appeal. JUDGMENT This regular second appeal has arisen out of a suit brought by the respondent, Bhikan, against the appellants, Mst. Fazal Bibi and others, for recovery of Rs.700. It was alleged by the respondent that he had given Rs. 700 to late Abdul Ghafoor, predecessor-in-interest of the appellants, on the basis of a promissory note, executed by him (Abdul Ghafoor) but on demand the appellants had declined to pay back the money. It was denied by the appellants that their predecessor-in-interest had executed promissory note in question or got Rs.700 from the respondent. After usual trial; the suit was dismissed by a Civil Judge. The respondent went in appeal before an Additional District Judge who accepted the appeal, set aside the judgment and decree passed by the learned trial Court and decreed the suit. Feeling aggrieved by the verdict of the learned appellate Court the appellants have come up in second appeal to this Court. 2. It was contended by learned counsel for the appellants that while deciding the appeal the learned Additional District Judge had not taken into consideration the evidence of the handwriting expert, Asghar Ali Shah (D.W.1) who was examined by them to establish that the promissory note, Exh.P.1 did not bear the signature of Abdul Ghafoor. I have gone through the statement of the said expert. The respondent had also examined a handwriting expert, Hafeez Ullah Butt (P.W.5) who deposed that the promissory note had been signed by Abdul Ghafoor. The learned Additional District Judge did not place…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492