Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--­----Arts. 59 & 114---Estoppel---Party` on whose application Handwriting Expert was summoned to give his opinion on signatures on disputed Promissory Note allegedly executed by him would be bound by opinion of Expert on that document and would be estogped to call in question decision of Court based on such opinion of Expert. Pisani v: The Attorney-General for Gibraltar and others (1874) 22 WR 900 (PC); S.E. Makudam Muhammad v. T.V. Muhammad Sheikh Abdul Qadir and another (1936) 64 IC 611; Bhagwat Narain Singh and another v. Srinivas AIR 1937 Pat. 113; Henry Peter Pisani v. Her Majesty's Attorney-General (1874) 5 PC 516=30 LT 729=22 WR 900; 21 A 219=15 Beng. LR 383; Sadasiva Pillai v. Remalinga Pilai (1899) 15 Beng. LR 383=2 IQ 219=24 WR 193=3 Sar 519 (PC); Syed Ghulam Shah v. Jahandar Shah PLD 1971 Kar. 708 and Messrs Haji Hasham Haji Ahmed & Bros. v. Messrs Trading Corporation of Pakistan Ltd., Karachi PLD 1977 Kar. 480 ref. (b) Civil Procedure Code (V of 1908)--- ----0. XXXVII, Rr. 1 & 2---Negotiable Instruments Act (XXVI of 1881), 5.118---Recovery of amount on basis of Promissory Note---Suit filed by plaintiff for recovery of amount from defendant/borrower depended on Promissory Note duly executed by borrower wherein he had undertaken to repay disputed amount to plaintiff---Plaintiff had produced witnesses to prove execution of documents and witnesses produced by plaintiff were subjected to lengthy cross-examination, but nothing was extracted to demolish their credibility and neutrality, whereas testimony of defendant/borrower was not sufficient in quality and quantity to dispute/relevant evidence of plaintiff---Proof of execution of Promissory Note, in circumstances, was unquestionable---Promissory Note, execution of which had fully been proved, carried presumption under S. 118 of Negotiable Instruments Act, 1881 that it was with consideration---Burden was on defendant/borrower to prove that Promissory Note was without consideration, but he failed to discharge that burden---Plaintiff, in circumstances, had fully proved that Promissory Note was with consideration and that defendant had received disputed amount…

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