Law: Civil Procedure Code (V of 1908)

Section: 2

(a) Civil Procedure Code (V of 1908)---O.XXXVII, Rr. 2 & 3 & O. XX, R.5---Suit for recovery of money on the basis of pro note---Execution of pro note in question had been satisfactorily proved through independent and reliable witnesses---Said witnesses were subjected to lengthy and searching cross-examination, but their integrity could not be shattered---Mere assertion of defendant that he had not executed said pro note and no consideration changed hands, without a positive attempt on his part to substantiate same, was of no consequence---Initially execution of pro note had been denied by defendant, but at the trial, he admitted the same but with a different story about a dispute over purchase of goods---Earlier denial and subsequent admission on the part of defendant clearly exhibited his conduct and indicated that he had no regard for truth---Person who asserted/alleged a particular fact and wanted the Court to believe that such fact existed, was required to prove existence of such a fact---Trial Court had embarked upon issues involved in the case, appreciated evidence on record in its true perspective and had reached proper conclusions which were not open to exception---Findings rendered by Trial Court were not only in consonance with law on the subject, but also in harmony with evidence on record---Finding was recorded by Trial Court on consideration of evidence in its totality---No misreading or non-reading of any material piece of evidence was pointed out which could render findings of the Trial Court unworthy or illegal---Trial Court had duly taken into consideration all material facts of the case and, after having done so, had recorded a detailed and well-reasoned which was result of proper application of mind---Objection of defendant regarding non-compliance of provisions of O.XX, R.5, C.P.C., was misconceived---Appeal against of Trial Court, was dismissed, in circumstances. Salar Abdur Rauf v. Mst. Barkat Bibi 1973 SCMR 332; Muhammad Yaqoob and others v. Naseer Hussain and others PLD 1995 Lah. 395; United Bank Limited v. Ch. Ghulam Hussain 1998 CLC 816 and Jehangir Nasim Khan v. Habibur Rehman Tanoli (Advocate) 2002 AC 833 ref. (b) Contract…

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