Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr.2 & 3---Suit for recovery of amount on basis of pro note---Leave to appeal---Defendant received amount from plaintiff and a receipt and pro note to pay back the amount were duly executed---Execution of receipt and pro note were admitted by defendant and no objection whatsoever to existence, validity and legality was raised by defendant even in appeal---Trial Court after recording evidence of parties, decreed the suit---Evidence on record had fully proved that suit amount was received by the defendant---Defendants had claimed that he had repaid principal amount along with profit to plaintiff through two cheques, but he could not prove the same by any evidence, while evidence on record had fully proved that amount received by defendant was never paid to plaintiff---Suit was rightly decreed by Trial Court and appeal against said was dismissed. Mirza Arif Baig v. Mubarik Ali PLD 1992 Lah. 366; Sheikhupura Central Cooperative Bank Ltd. through its Honorary Secretary v. Ch. Tawakkal Ullah and another PLD 1977 Lah. 763; Firm Sri Chand Sheo Parshad v. Lajjia Ram AIR 1939 Lah. 31; Sohan Lal Nihal Chand v. Raghu Nath Singh and others AIR 1934 Lah. 606; Abdul Haque and others v. Shaukat Ali and 2 others 2005 SCMR 74 and Binyameen and 3 others v. Chaudhry Hakim and another 1996 SCMR 336 ref. Mirza Manzoor Ahmed for Appellant. Malik M. Tariq Rajwana for Respondent. Date of hearing: 7th April, 2005. JUDGMENT On 14-2-1988, the respondent filed a suit against the appellant for recovery of Rs.55,000. It was stated in the plaint that the parties are known to each other and have cordial relations. The appellant deals in the business of sale and purchase of cars. The respondent is proprietor of Shibili Petroleum. On 2-4-1985 appellant approached the respondent and told him that a car is available at a cheep price but he has no money and request for a loan of Rs.55,000. The request was acceded and the amount was paid. The respondent executed receipt and pro note to pay back the suit amount. However, upon demand the amount was not paid back and accordingly a decree was prayed for. 2. The appellant was duly served. He put in…

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