| Citation(s) |
|---|
| 1965 SLG 96 1965 SLD 96 1965 PLD 634 |
Supreme Court of Pakistan
Civil Appeal No. K-34 of 1963, decision dated: 31st May 1965. (On appeal from the judgment and decree of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 14th September 1961, in Letters Patent Appeal No. 12 of 1960.)
A. R CORNELIUS, C.J., MUHAMMAD YAQUB ALI AND ABDUS SATTAR, JJ
Fazle Ghani Khan Advocate Supreme Court instructed by Munir Ahmad Attorney for Appellant. Ali Ahmad Fazeel Advocate Supreme Court instructed by Maqbul Ahmad Attorney No. 1.
Respondent No. 2 . Ex parte
Civil Appeal No. K-34 of 1963, decision dated: 31st May 1965. (On appeal from the judgment and decree of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 14th September 1961, in Letters Patent Appeal No. 12 of 1960.)
A. R CORNELIUS, C.J., MUHAMMAD YAQUB ALI AND ABDUS SATTAR, JJ
Fazle Ghani Khan Advocate Supreme Court instructed by Munir Ahmad Attorney for Appellant. Ali Ahmad Fazeel Advocate Supreme Court instructed by Maqbul Ahmad Attorney No. 1.
Respondent No. 2 . Ex parte
ISMAIL
VS
(1) FIDA ALI, AND (2) Sayyed IQBAL SHABBIR
Law: Civil Procedure Code (V of 1908)
Section: OrderXXXVII,rule2,3
Law: Contract Act, 1872
Section: 127,128,129,130,131,000,000,000,000,000, 000,000,000,000,000,000,000,000,000,000, 000
Law: Negotiable Instruments (Amendment) Ordinance 1962
Section: 29C
Law: Negotiable Instruments Act, 1881
Section: 4,37,38,35,51,50
(a) Negotiable Instruments Act (XXVI of 1881), Ss. 4, 35, 37, 38, 39, 50 & 51-Promissory note-Definition, not mentioning "consideration", differs from definition of "agreement" as given in Contract Act, 1872-"Maker" or "holder" may sign instrument for purposes of negotiation and thereupon become "endorser "Parties to instrument, other than "maker", "drawer", "payee", "acceptor" or "indorser" cannot be held liable as "endorsers" "Liabilities of such parties as a "surety" not negotiable -Surety nevertheless liable for debt created by instrument under Contract Act (IX of 1872), Ss. 128 to 147-Contract Act (IX of 1872), S. 2(e). (b) Civil Procedure Code (V of 1908), O. XXIII, r. 1 & O. XXXVII, r. 2-Withdrawal of suit-Suit under O. XXXVII, r. 2 liable to be dismissed for legal defect-Allowed by Supreme Court to be withdrawn on oral request at appellate stage with permission to bring fresh suit. JUDGMENT MUHAMMAD YAQUB ALI, J.-On the oral prayer of Mr. A. A. Fazeel learned counsel for the plaintiff (respondent No. 1), we A have agreed to grant- leave for withdrawal of the suit against the appellant with permission to file a fresh suit, but before the appeal is allowed in these terms, it appears necessary to . refer to the facts of the case and decision on certain questions of law arising therefrom by the learned Judges of the High Court of West Pakistan, Karachi Bench, who respectively dealt with the suit on the original side and in appeal. 2. The relevant facts are that on the 25th of May 1957, Sayyed Iqbal Shabbir, respondent No. 2 purchased the exhibition rights of an Indian cinematograph picture named `Gajre' belonging to Hashim Bhai (P. W. 3) and in payment thereof executed the promissory note Exh. 5/1 in- favour of Zahid Hussain (P. W. 2) an attorney of the owner. The payment was guaranteed by Ismail Bhai (appellant) by placing his signatures below the following writing on the back of the promissory note : "I. Ismail Bhai guarantee this". 3. In the original manuscript after the name of Ismail Bhai the words "of Muhammadi Re-Rolling" and after the word `this' the words "promissory note" appeared which were struck off by the appellant. On the 19th of…
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