Law: Civil Procedure Code (V of 1908)

Section: R-2,O.XXXVII,

Law: Qanun-e-Shahadat (10 of 1984)

Section: 30

Civil Procedure Code (V of 1908)--O.XXXVII, R.2 Qanun e Shahadat (10 of 1984), Art.30 Suit for recovery of amount Execution of pronote and affidavit Proof Implied admission of defendant Plaintiff supplied pesticides to defendant who, after receiving same, signed delivery challan in acknowledge of receipt of pesticides -Defendant who was to pay amount of pesticides, executed a pronote and affidavit Defendant having failed to make payment of pesticides received by him, plaintiff filed suit for recovery of amount against defendant Evidence on record had proved that defendant placed order on plaintiff for supply of pesticides which was delivered to him through delivery challan and defendant had not paid price of pesticides to plaintiff Defendant denied his signature on delivery challan and also denied execution of pronote and affidavit Comparison of signatures of defendant on other documents had proved that signatures on all documents in question were of the defendant Defendant, in cross examination of one of witnesses produced by plaintiff, had given suggestion to that witness that documents in question had been executed not at place `L', but at place `K' Such suggestion was an implied admission on part of defendant for execution of pronote and affidavit etc. Supply of pesticides to defendant and non payment of price thereof by defendant to plaintiff having been proved, suit was rightly decreed by Trial Court. JUDGMENT MIAN SAQIB NISAR, J. Respondent, filed a suit for the recovery of Rs.2,20,500 alongwith the interest against the appellant, which was decreed by the trial Court on 26-7-1994. 2. Briefly stated the facts of the case, are that the respondent company deals in the sale of pesticides; according to the plaint, the appellant/defendant purchased pesticides from the plaintiff in the year 1986, and was to pay Rs.2,20,500 as a price of the goods; the appellant signed the Delivery Challan No.004722 dated 28 9 1986, in acknowledgment of the receipt of the goods. In order to secure the price of the goods, the appellant also executed a Cheque No.383890 dated 31 12 1986, for an amount of Rs.2,26,800 drawn on Allied Bank of Pakistan Limited, and executed a pronote…

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