Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,S.20,34

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,S.20,34

Law: Negotiable Instruments Act, 1881

Section: 79,80

Civil Procedure Code (V of 1908)-------S. 20 & O.XXXVII, R.1---Recovery of money---Dishonoured cheque---Territorial jurisdiction---Place of cause of action---After filing written statement, defendant neither appeared before the court nor produced any evidence in support of his averments made in written statement---One of the objections raised by defendant in his written statement was with regard to territorial jurisdiction of the Trial Court---Contention of defendant was that as transaction took place at place "M", therefore, suit at place "K" was not maintainable---Plaintiff produced original cheque and its memorandum in support of his claim---Validity---Suit was based on negotiable instrument and presumption was that the same was against consideration and defendant did not come forward to rebut the presumption---Plaintiff as well as contents of affidavit-in-­evidence had gone unrebutted and unchallenged---Though defendant had filed written statement but the same could not be considered as defendant did not lead any evidence---In absence of any evidence pleas relied upon by defendant in his written statement could not be considered---As the cheque was dishonoured at place "K" and the cause of action had accrued at place "K" therefore, according to S.20 C.P.C. suit could be filed where defendant resided or cause of action had arisen---Suit was decreed accordingly. Aminuddin Ansari for Plaintiff. Nemo for Defendant. Date of hearing: 8th August, 2008. JUDGMENT NADEEM AZHAR SIDDIQI, J.---The plaintiff Abrar Ahmed filed this suit under Order XXXVII, C.P.C. against the defendant for recovery of Rs.17,00,000. Brief facts of the case are that the defendant in 1998 introduced himself to the plaintiff at Karachi as an estate agent/business and stated that he can get a plot allotted to him in a good residential area at Islamabad on official rates. The plaintiff on the basis of assurance extended by the defendant paid a sum of Rs.25,090,000 to the defendant, thereafter on 11-12-1998, the defendant was paid further sum in cash by the plaintiff. The balance of the amount of Rs.20,00,000 was paid by the plaintiff to the defendant through credit advice. However, in…

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