| Citation(s) |
|---|
| 2007 SLG 1130 2007 SLD 1130 = 2007 CLD 1605 |
Supreme Court of Pakistan
Civil Appeal No. 2101 of 2006; decided & hearing on05-03-2007. (On appeal from the judgment Dated 13-9-2006 ofthe Lahore High Court, Lahore passed in R.P.A. No. 124 of2004).
ABDUL HAMEED DOGAR, JUSTICE KHALIL-UR-REHMAN RAMDAY, JUSTICE MUHAMMAD NAWAZ ABBASI, JUSTICE MIAN SHAKIRULLAH, JAN, JUSTICE
Salim Khan Chechi, Advocate Supreme Court for Appellant.Irfan Ahmed Wain, Advocate, Supreme Court for
Respondent.
Civil Appeal No. 2101 of 2006; decided & hearing on05-03-2007. (On appeal from the judgment Dated 13-9-2006 ofthe Lahore High Court, Lahore passed in R.P.A. No. 124 of2004).
ABDUL HAMEED DOGAR, JUSTICE KHALIL-UR-REHMAN RAMDAY, JUSTICE MUHAMMAD NAWAZ ABBASI, JUSTICE MIAN SHAKIRULLAH, JAN, JUSTICE
Salim Khan Chechi, Advocate Supreme Court for Appellant.Irfan Ahmed Wain, Advocate, Supreme Court for
Respondent.
MUHAMMAD AZIZUR REHMANVS LIAQUAT ALI
Law: Civil Procedure Code (V of 1908)
Section: O.XXXVII,Rr.1,2
Law: Constitution of Pakistan, 1973
Section: 185(2)
Law: Negotiable Instruments Act, 1881
Section: 118
(a) Civil Procedure Code (V of 1908)-------O. XXXVII, Rr. 1 & 2-- .Negotiable Instruments Act (XXVI of 1881), S.118---Suit for recovery of loan amount an basis of pro note and its receipt---Execution such documents denied by defendant in written statement, but his admission in cross examination to have executed same as guarantee for business with plaintiff---Effect---Where execution of negotiable instrument was admitted, then burden of proof of non-payment of consideration would lie on its executant--Section. 118 of Negotiable Instruments Act, 1881, provided that until contrary was proved, presumption mould be that negotiable instrument was made/ drawn for consideration---Defendant had failed to prove non -payment of consideration through independent cold cogent evidence---Shit was dismissed in circumstances.Muhammad Boota v. Fiaz Ahmed 1979 SCMR 465 and Haji Karim and another v. Zakir Abdullah 1973 SCMR 100 rel.(b) Negotiable Instruments Act (XXVI of 1881)------S. 118---Negotiable instrument---Denial of consideration---Burden of proof---Where execution of negotiable instrument was admitted, then burden of proof of non-payment of consideration would lie on its executant.Muhammad Boota v. Fiaz Ahmed 1979 SCMR 465 and Haji Karim and another. v. Zakir Abdullah 1973 SCMR 100 rel.THIS JUDGMENT PASSED BY: ABDUL HAMEED DOGAR, J.- This direct appeal under Article 185(2) of the Constitution of Islamic Republic of Pakistan, 1973 is filed by appellant Muhammad Aziz-ur-Rehman against judgment dated 13-9-2000 passed by learned Division Bench of Lahore High Court, Lahore whereby R.F.A. No.124 of 2004 filed by respondent Liaqat Ali was allowed, the judgment of the trial Court was set aside and the suit of the respondent was decreed against appellant in the sum of Rs.6,00,000. 2. Briefly, stated facts giving rise to the filing of instant appeal are that respondent/plaintiff filed a suit for recovery of Rs.6,00,000, against the appellant/defendant on the basis of pro note dated 3-7-1996 before ,Additional District Judge-I, Pakpattan. It was alleged in the suit that there were business relations between appellant and respondent. The appellant secured a sum of…