Law:

Section:

Negotiable Instruments Act (XXVI of 1881)-------Ss.79 & 80---Civil Procedure Code (V of 1908), S.34 & O.XXXVII, R.2---Recovery of money---Promissory note---Presumption---Ex parte decree---Interest, imposing of---Plaintiff produced original promissory note, legal notice, postal receipt, application forms for allotment of flat signed by defendant and sub-lease of flats---Defendant had chosen to remain absent and failed to appear in Court and to obtain leave to defend the suit, as provided under O.XX VII, R.2 (2) C.P.C.---Effect--Allegation of plaintiff was deemed to be admitted and he was entitled to decree---Suit was based on promissory note which was negotiable instrument and presumption was that same had been issued against consideration and defendant had not come forward to rebut such presumption---High Court decreed suit in the sum claimed with interest at 6% per annum in accordance with Ss.79 and 80 of Negotiable Instruments Act, 1881, from the date of suit till date of decree---High Court also awarded interest at the rate of 10% per annum from date of decree till the date when payment was realized in accordance with S.34 C.P.C.---Suit was decreed accordingly. JUDGMENT MUHARREM G. BALOCII, J.---Plaintiff has brought this suit for recovery of Rs.9,000,000 (Nine Million) under order XXXVII, C.P.C. Precisely, the facts of the plaintiffs case are that the plaintiff is a leading businessman in construction and development areas and is also one of the directors of Messrs Omema Construction (Pvt.) Ltd. established under Companies Ordinance, 1984, carrying on business of building and construction at Karachi. The plaintiffs said company constructed a project known as Savanna City at Plot No.1 Survey Nos.201, 202, 203, Block 13-D III, KDA Scheme No.24, Gulshan-e-Iqbal, Karachi, and presented the same for allotment/booking of public at large. According to the plaint, the defendant booked one flat bearing No.A-610, Block-A1-2, admeasuring about 159 sq. yards for himself as well as two other flats bearing No.612, Block-2, 6th floor in the name of Shehnaz Begum wife of Fareed-ud-Din and Flat No.A-609, Block-A1-2, 6th floor in the name of Muhammad Saeed son of…

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