MUHAMMAD ALI vs Mian MAQBOOL AHMED O — 2022 CLC 2115 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ALI VS Mian MAQBOOL AHMED O.XXXVII Rr.1 & 2---Negotiable Instruments Act (XXVI of 1881), Ss.4 & 118---Negotiable instrument---Proof---Presumption as to negotiable instrument---Admission in cross-examination---Effect---Respondent/plaintiff filed a suit for recovery of sum on basis of promissory note before Trial Court---Appellant/defendant contested the suit and denied the execution of any promissory note or receipt in respect thereof---Trial Court decreed the suit against appellant/defendant---Held, that appellant in his written statement stated that he had no introduction with the respondent, but conceded that respondent was well known to appellant's elder brother; that he borrowed an amount from the respondent; and appellant had also conceded that he put his thumb impressions on some documents securing the borrowed amount from respondent----In appellant's depositions as witness, he conceded that he had affixed his thumb impressions on papers and that the respondent obtained his picture---In appellant's examination-in-chief ,he had deposed that he borrowed an amount for his elder brother "A.Y" who was never produced in evidence, but during cross-examination appellant had admitted that said amount was borrowed for appellant's own use----Appellant admitted that while making repayments, no one accompanied him nor he obtained any receipts of those repayments---Serious contradictions were found in the evidence of appellant and after such glaring admissions in appellant's cross-examination ,there was no need for the respondent to produce any evidence in rebuttal whose deposition was even otherwise consistent with his suit and also consistent with the depositions of other witnesses---Once in affirmative evidence respondent had discharged his onus, the same was shifted to appellant who had an opportunity to rebut the same through trustworthy and reliable evidence---Not only serious contradictions were found in appellant's deposition, but also categorical admission of appellant's thumb impressions on promissory note and receipt of promissory note---Promissory note as well as receipt annexed in plaint had clearly reflected that the suit amount was mentioned in Urdu language as well as in numbers in three different columns and even the receipt described the half amount---Stance of appellant that through forgery, amount of Rs. 25000/- had been mentioned as Rs.125,000/- represented a concocted story---Subject matter was lawfully proved and presumption attached to it under S.118 of the Negotiable Instruments Act, 1881, was not rebutted or proved to be contrary by appellant/defendant, rather the admissions made by appellant/ defendant in his cross-examination demolished the whole defence and the grounds agitated in the appeal---Simple denial in appellant's evidence or reply to every sentence, the question or suggestion in the negative in pleadings or depositions also operated against appellant---Appeal was dismissed being meritless.

MUHAMMAD ALI vs Mian MAQBOOL AHMED O — 2022 CLC 2115 LAHORE-HIGH-COURT-LAHORE

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