Law: Civil Procedure Code (V of 1908)

Section: OrderXXXVII

Law: Negotiable Instruments Act, 1881

Section: 29C,35

Law: Stamp Act, of 1899

Section: 2(5)(b)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,17(2)(a)

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII---Qanun-e-Shahadat (10 of 1984), Art.17(2)(a)---Negotiable Instruments Act (XXVI of 1881), Ss.6, 29-C & 35---Evidence Act (I of 1872)---Stamp Act (II of 1899), S.2(5)(b)---Suit for recovery of money on basis of pro note---Promissory note not attested by marginal witnesses---Article 17(2)(a) of Qanun-e-Shahadat, 1984, applicability to promissory note---Expression "any special law" mentioned in Art.17(2)(a) of Qanun-e-Shahadat, 1984---Scope---Plaintiffs filed suit for recovery of money on the basis of pro note against defendant, asserting therein that defendant had executed pro note along with receipt and an agreement in favour of plaintiffs---Defendant though denied his liability to pay amount but admitted his signature/thumb impression on pro note and receipt which according to him were obtained by plaintiffs on blank papers---Defendant contended that pro note had not been witnessed by two marginal witnesses as required under Art.17 of Qanun-e-Shahadat, 1984 and, therefore, no right to recover any amount was to be based on the same---Trial Court decreed the suit and appeal filed thereagainst by defendant was dismissed by Appellate Court---Validity---Receipt and agreement had been proved by marginal witnesses---Defendant having admitted his signature and thumb impression on pro note, burden of proof had shifted upon him to prove that he had signed and thumb-marked on blank papers---Statements of marginal witnesses had not been shattered in cross-examination, nor any motive was attributed to them that they were making a false statements---Qanun-e-Shahadat, 1984, was a general law and expression "any special law" appearing in Art.17(2)(a) of Qanun-e-Shahadat, 1984, meant special law dealing with special subjects which were existing at the time of enforcement of the Qanun-e-Shahadat, 1984---Negotiable Instruments Act, 1881, was also a special law within meanings of Art.17(2)(a) of Qanun-e-Shahadat, 1984---Under Ss.6 & 29-C of Negotiable Instruments Act, 1881, promissory note and cheque were negotiable instruments which could not be attested by witnesses and in case any signature by stranger were appended…

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