Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O.XXXVII, Rr.2 & 7---Proceedings under O.XXXVII, C.P.C.--­Procedure-Procedure, after grant of leave to appear and defend the suit to a defendant in the summary suit under O.XXXVII, R.7, C.P.C. is the same as in the case of a suit instituted in ordinary manner. (b) Civil Procedure Code (V of 1908)--- ----O.XXXVII, Rr.2, 3 & 7---Grounds taken in the leave application to appear and defend the suit---Effect---Such grounds are effective uptil the decision of the application---Defendant, thereafter, is allowed to file written statement and the suit is decided according to the pleadings of the parties. (c) Negotiable Instruments Act (XXVI of 1881)--- ----S. 118---Negotiable instrument---Presumptions---Court presumes under S.118 of Negotiable Instruments Act, 1881, that negotiable instrument was made or drawn for consideration and that every instrument bearing a date was made or drawn on such date. (d) Civil Procedure Code (V of 1908)--- ----O. XXXVII, R.1---Qanun-e-Shahadat (10 of 1984) Arts. 117 & 120--­Recovery suit---Execution and delivery of cheque---Plea of repayment--­Proof---By admitting about the availing of amount and also admitting execution and delivery of cheque, the onus automatically is shifted to the defendant to prove that he repaid the total or partial amount to the plaintiff---Trial Court after examining the documentary and oral evidence had rightly concluded that the defendant had not been able to discharge the onus of the issue---Judgment and decree passed by the Trial Court did not call for any interference and the findings were maintained. Mian Rafique Saigol and another v. Bank of Credit and Commerce International (Overseas) Ltd. and another PLD 1996 SC 749 ref. Yousaf Kazmi for Appellant Peer S. A. Rashid for Respondent Date of hearing: 9th September, 2003. JUDGMENT Appellant/defendant, through the filing of the present appeal, has called in question judgment and decree dated 30-9-2002, whereby the learned Additional District Judge passed a decree for the recovery of Rs.50,000, against the appellant. 2. Briefly stated the facts of the case are that the respondent/plaintiff filed a suit for…

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