| Citation(s) |
|---|
| 2007 SLG 1490 2007 SLD 1490 2007 SCMR 1820 2008 PLJ 61 |
Supreme Court of Pakistan
Civil Appeal No.2101 of 2006, decision dated: 5-03-2007. (On appeal from the judgment dated 13-9-2006 of the Lahore High Court, Lahore passed in R.F.A. No.124 of 2004)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., ABDUL HAMEED DOGAR, KHALIL-UR-REHMAN RAMDAY, MUHAMMAD NAWAZ ABBASI AND MIAN SHAKIRULLAH, JAN, JJ
Salim Khan Chechi, Advocate Supreme Court for Appellant. Irfan Ahmed Wain, Advocate Supreme Court for
Respondent
Civil Appeal No.2101 of 2006, decision dated: 5-03-2007. (On appeal from the judgment dated 13-9-2006 of the Lahore High Court, Lahore passed in R.F.A. No.124 of 2004)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., ABDUL HAMEED DOGAR, KHALIL-UR-REHMAN RAMDAY, MUHAMMAD NAWAZ ABBASI AND MIAN SHAKIRULLAH, JAN, JJ
Salim Khan Chechi, Advocate Supreme Court for Appellant. Irfan Ahmed Wain, Advocate Supreme Court for
Respondent
MUHAMMAD AZIZUR REHMAN
VS
LIAQUAT ALI
Law: Civil Procedure Code (V of 1908)
Section: O.XXXVII,Rr.1,Rr.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 on basis of pro note and its receipt---Execution of 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 would be that negotiable instrument was made drawn for consideration---Defendant had failed to prove non-payment of consideration through independent and cogent evidence---Suit 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, they 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. JUDGMENT 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 13-9-2006 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 Rs.6,00,000 from…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492