Law: Stamp Act, of 1899

Section: 35

(a) Stamp Act (I of 1899)---Ss. 35, 36 & 61---Negotiable Instruments Act (XXVI of 1881), S.4---Promissory note not duly stamped---Admission in evidence without objection---Effect---Such document could not be called in question subsequently, but could legally be read and considered in evidence---Such document would be subject to challenge only under S.61 of Stamp Act, 1899, but not otherwise. Ramdeo v. Gulabchand AIR 1958 Rajasthan 183; Sohanlal Nihal Chan v. Ranghu Nath Singh AIR 1934 Lah. 606; Firm Sri Chan Sheo Parshad v. Lajja Ram AIR 1939 Lah. 31; K.M. Munner v. Mirza Rasheed Ahmad PLD 1963 Kar. 905; Munir Ahmad Kahloon v. Rana Muhammad Yousuf PLD 2003 Lah. 173 and Farid Akhtar Hadi v. Muhammad Latif Ghazi 1993 CLC 2105 ref. Muhammad Ashiq and another v. Niaz Ahmad and another PLD 2004 Lah. 95; Muhammad Luqman's case PLD 1994 Kar. 492 and M/s Rasheed Ullah v. Punjab Province and others 1995 CLC 1914 rel. (b) Negotiable Instruments Act (XXVI of 1881)- ----S.4---Qanun-e-Shahadat (10 of 1984), Art.17(2)(a) --Promissory Note---Attestation by witnesses---Effect---Article 17(2)(a) of Qanun-e-Shahadat, 1984 provided for attestation of a document by two witnesses---Conditions enumerated in S.4 of Negotiable Instruments Act, 1881, if present in a document, then same would become a 'Promissory Note'---Mere signing of Promissory Note by witnesses would not change its nature nor same would become void nor lose its significance as negotiable instrument. Malik Muhammad Akram v. Khuda Bakhsh 2000 CLC 759 ref. Keshari Chand Susana and others v. Asharam Mahato AIR 1916 Cal. 88 distinguished. ORDER The suit of respondent, on the basis of promissory note, dated 28-3-1996 for an amount of Rs.4,00,000 was decreed against the appellant vide judgment and decree, dated 25-2-2005. Appellant through instant appeal has called in question the decree, dated 25-2-2005. 2. Learned counsel for the appellant has submitted that the promissory note (Exh. P-1), is signed by Muhammad Akram son of Chiragh Muhammad as witness. A promissory note, which is signed by a witness ceases to be a promissory note. Summary proceedings on the basis of such document under Order XXXVII, C.P.C. are not…

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