Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, R.3---Leave to defend the suit, grant of---Investment in business---Proof---Suit was filed by plaintiff on the basis of dishonoured cheques---Plea raised by the plaintiff was that to secure the investment made by him in the business, the defendants had issued five cheques which were dishonoured by the Bank---Defendants denied any business transaction with the plaintiff---Plaintiff had not produced any document alongwith plaint, to establish the claim made in the plaint ---Effect--­Allegations made in the plaint could be established only by recording of ,evidence---Leave to defend the' suit was granted unconditionally. Muhammad Arif v. Abdul Qayyum'1991 CLC 442 rel. A.S. Pingar for Plaintiff. Muhammad Saleem Thepdawala for Defendant No. 1. Syed Aminuzzaman for Defendant No.2. ORDER 1 and 2 Heard the learned Advocates for the parties. By this order I intend to dispose of Civil Miscellaneous Application No.522 of 2003 and Civil Miscellaneous Application No.857 of 2003. Brief facts for the purpose of disposing of these applications are that the plaintiff had filed suit on the basis of five cheques issued by defendants Nos. l and 2, under Order XXXVII, C.P.C. In the memo. of plaint, the plaintiff stated that defendants Nos. l and 2 are partners and carrying on business of sale and purchase-of plastic Dana on commercial basis on behalf of other parties whom they approached for the purpose of investment. From the profit on such sale and purchase of plastic Dana, the defendants earned commission. The defendant No.2 was an officer working in Habib Bank Ltd. at Jodia Bazaar Branch, Karachi, where the plaintiff had an account and the defendant No.2 introduced defendant No.1 to the plaintiff as his partner for the purpose of business. The defendant No.1 suggested to the plaintiff that he can earn handsome profit by investing the amount in purchase and sale of plastic Dana which they could carry on, on behalf of the plaintiff.. The plaintiff on the instigation of the defendant No.2 started by way o?" small investment in the sale and purchase of plastic Dana which was carried on by the defendants Nos.1 and 2 and in the said…

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