MUHAMMAD AKRAM vs MUHAMMAD ASIF O — 2022 CLC 1137 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD AKRAM VS MUHAMMAD ASIF O.VIII, R.6 & 10---Qanun-e-Shahadat (10 of 1984), Arts.76 & 77---Suit for recovery---Cheque dishonoured---Counter claim/set-off---Right to file replication/rejoinder---Leave to appear/defend was allowed---Respondent filed written statement wherein he pleaded that some amount was payable by the appellant/plaintiff relying on photocopies of two cheques---Suit of the appellant was dismissed and the claim of respondent was decreed---Appellant contended that when suit of the appellant/plaintiff was dismissed, the set-off claim could not survive, which at best could have been considered as defence---Validity---After filing of written statement/counter-claim, Trial Court fixed the case for framing of additional issues and called/recorded the evidence---Case was never fixed for filing of written statement/rejoinder to the counter claim---Without calling upon the appellant or putting the notice to file written statement/replication/rejoinder against the counter claim of the respondent/defendant, Trial Court had driven the negative inference and took the failure to file the rejoinder/written statement as admission to the claim of respondent, which clearly caused prejudice to the case of the appellant---Documents in question i.e. cheques along with dishonour-slips being in the possession of the Police in connection with criminal case registered under S.489-F of P.P.C., were not beyond the reach of learned Trial Court and the original could have easily been procured/compared/exhibited---Photocopies of the dishonour-slips were on record without examining its maker---Examination-in-chief evidence that objection was raised when such photocopies were exhibited in the Trial Court---Said objection was not decided by the Trial Court---Reliance on such photocopies, rather bringing the same on record when the primary evidence was readily available, was contradictory to provisions of Qanun-e-Shahadat, 1984---Appeal was allowed accordingly.

MUHAMMAD AKRAM vs MUHAMMAD ASIF O — 2022 CLC 1137 LAHORE-HIGH-COURT-LAHORE

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