Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, R.2---Suit for recovery on the basis of pro-note---Blackmailing---Plea of---Effect---Predecessor-in-interest of the plaintiff filed suit for recovery of Rs.600,000 on the basis of promissory note, receipt and agreement---Defendant filed an application for leave to defend the suit which was allowed by Trial Court subject to furnishing security in the sum of Rs. 650,000---Contention of the defendant was that his signatures on the promissory note as well as receipt and agreement were obtained through blackmailing---Trial Court dismissed suit filed by predecessor-in-interest of the plaintiff---Contention of the plaintiff was that Trial Court had relied upon the solitary statement of the defendant which was not corroborated by any other witness---Validity---Defendant did not examine any witness except appearing himself as the sole witness---Solitary statement of the defendant had been given preference over the statements of seven witnesses for the plaintiff by Trial Court without any convincing reason---Defendant could not prove that his signatures on the promissory note and agreement were taken under duress or coercion or through blackmailing---Defence of the defendant regarding suit for cancellation of the agreement and the promissory note in the civil court was unbelievable as neither the attested copy of plaint of the said suit was presented nor the defendant knew about the dismissal of his suit---Appeal was allowed by High Court. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 17---Document could only be proved through the statements of the scribe and the witnesses in whose presence it was written and executed. JUDGMENT SH. AHMAD FAROOQ, J.---The instant Regular First Appeal has been preferred by the appellants against the judgment dated 1-10-2003, whereby the learned Additional District Judge, Toba Tek Singh, dismissed a suit filed under Order XXXVII, rule 2, C.P.C. for recovery of Rs.600,000 along with mark-up. 2. The facts, in brief, necessary for the adjudication of the instant appeal are that Ch. Munir Ahmad/predecessor-in-interest of the present appellants, filed a suit under Order XXXVII, rule 2,…

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