Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,Rr.2,3,S96

Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr.2, 3 & S.96---Suit for recovery of amount on basis of pro note---Leave to defend suit---Trial Court after hearing the parties and evaluating the material on record, dismissed the suit through impugned which was challenged in appeal---Validity---Record had indicated that the Trial Court had not properly appreciated the evidence on record and impugned and decree needed to be set aside---Plaintiff had successfully proved his claim through cogent and reliable evidence by producing scribe of the pro note who had verified the contents of the pro note duly entered in the relevant register---Trial Court had not adverted to that important fact of proving the execution of pro note and had non-suited the plaintiff on the sole ground that payment before the marginal witnesses at the time of execution of pro note, was not proved---Once the execution of the pro note was proved, then the burden would shift to the defendant to prove that the pro note was without consideration---If, on the record, it was proved that the consideration was admitted to have been passed on to the' debtor before the marginal witnesses and scribe of the documents, that would be sufficient proof of payment of consideration---When the claim of the plaintiff was duly proved by the evidence of prosecution witnesses in support of the pro note with regard to the suit money, the Trial Court was required to have taken into consideration the same and should not have drawn the impugned conclusion---Adverse findings recorded by the Trial Court on various issues in the impugned in the appeal were set aside---Impugned and decree of the Trial Court was set aside and decree for recovery of amount in question, was passed in favour of the plaintiff against the defendant with simple interest at the rate of four per cent per annum. Salar Abdur Rauf v. Mst. Barkht Bibi 1973 SCMR 332; Muhammad Boota v. Faiz Ahmad 1979 SCMR 465; Mst. Sajida Abbas Zaidi v. Syed A.rshad Ali Jaffri 1990 CLC 1018 and Muhammad Ashiq and others v. Niaz Muhammad and others PLD 2004 Lah. 95 ref. JUDGMENT MUHAMMAD ALAM KHAN J.---This regular first appeal is directed against the judgment and…

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