Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr.2 & 3---Suit for recovery of amount on the basis of a promissory note---Leave to defend suit---Plaintiff had claimed that defendant had obtained suit amount from him on basis of a Promissory Note and had also executed an agreement in that respect---Defendant after obtaining leave to defend the suit filed written statement in which he refuted the claim of plaintiff---Trial -Court after taking into consideration evidence brought on record came to the conclusion that plaintiff had failed to prove that Promissory Note was with consideration and dismissed the suit--¬Evidence of plaintiff with regard to payment of suit amount and execution of, Promissory Note being patently inconsistent, was rightly disbelieved by Trial Court and order dismissing the suit could not be interfered with. JUDGMENT This appeal arises out of a suit for the recovery or Rs.1,00,000 filed by Ghulam Haider, plaintiff/ appellant under Order XXXVII, C.P.C. against Zafar Ullah Khan, respondent on the basis of a promissory note and an agreement allegedly executed by the defendant on 18-8-1992. Zafar Ullah Khan defendant after obtaining leave to defend the suit filed a written statement in which he refuted the claim of the plaintiff and raised a number of preliminary objection. On the basis of the pleadings of the parties the learned trial Court framed the following issues:-- (1) Whether the plaintiff has no cause of action? OPD (2) Whether the-plaintiff has not come to the Court with clean hands and does not deserve any relief? OPD (3) Whether the suit is based on mala fide? OPD (4) Whether the suit is time-barred? OPD (5) Whether the plaintiff is entitled to a decree for a sum of rupees one lac. On the basis of pronote in question? OPP (6) Whether the pronote is without consideration? OPD (7) Relief. The learned trial Court after taking into consideration the evidence brought on the record came to the conclusion that the plaintiff failed to prove that the promissory note was with consideration. Accordingly Issue No.6 has been decided in favour of the defendant and against the plaintiff. Consequently the suit has been dismissed. 2. Learned…

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