Law:

Section:

(a) Civil Procedure Code (V of 1908) -- O. XXXVII, Rr.3 & 4 Qanun e Shahadat (10 of 1984), Art.31 ¬Constitution of Pakistan (1973), Art. 185(3) Suit for recovery of loan amount on basis of cheques given as security Suit decreed by Trial Court was upheld by Appellate Court Plea of defendant was that plaintiff had admitted signatures of his son on receipts, whereby amount of Rs.1,00,000 was paid to his son, thus, such amount was liable to be deducted from decretal amount Validity Plaintiff was fair enough to admit such signatures, which he had explained by stating that same had obtained by defendant on blank paper, who had subsequently, therein amount relating to wheat and cotton, supplied by defendant Cross examination of defendant showed that plaintiff, apart from loan amount, had been supplying wheat and cotton to defendant -Defendant in his evidence had admitted to have paid to plaintiff more than Rs.26,00,000, from which conclusion could safely be drawn that apart from loan transaction, there was also business dealings between parties and payments used to be made Plaintiff had satisfactorily explained his admission regarding signatures of his son Findings of fact recorded by Courts below were based on correct, elaborate and careful appraisal of evidence Supreme Court dismissed petition and refused leave to appeal in circumstances. (b) Qanun e Shahadat (10 of 1984) Art. 31 Admission by a party to proceedings Evidentiary value ¬Such admission could be used as evidence of conclusive nature, if same was proved to be unqualified. Ch. Imdad Ali Khan, Advocate Supreme Court and Tanvir Ahmad, Advocate on Record (absent) for Petitioner. S.M. Tayyab, Senior Advocate Supreme Court for Respondent. Date of hearing: 14th October, 2003. ORDER MUNIR A. SHEIKH, J. This petition is directed against the .judgment dated 16 6 2003 passed by Lahore High Court, Multan Bench, Multan whereby appeal filed by the petitioner against the judgment and decree of the trial Court has been dismissed with the modification in the decree, to the effect that the claim regarding recovery of mark up has been set aside. 2. The petitioner obtained loan for his business from the respondent…

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