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Mst. KANWAL vs Dr — 2022 CLD 1063 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLD 1063 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLD
Parties
Mst. KANWAL vs Dr
Subject matter
Civil
Provisions referred to
S. 118---C; S. 118; Civil Procedure Code (V of 1908); Negotiable Instruments Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. KANWAL VS Dr. MUHAMMAD SUHAIL S. 118---Civil Procedure Code (V of 1908), O. XXXVII, Rr. 1 & 2---Suit for recovery of money on the basis of negotiable instrument---Promissory Note---Presumption---Respondent/plaintiff sought recovery of money on the basis of Promissory Note issued by appellant/ defendant---Suit was decreed in by Trial Court in favour of respondent/plaintiff---Plea raised by appellant/defendant was that it was duty of respondent/plaintiff to adduce evidence by bringing any marginal witness to prove Promissory Note in question---Validity---Provisions of S. 118 of Negotiable Instruments Act, 1881, were couched in negative language as it required that unless contrary was proved, presumption would be that negotiable instrument was made or drawn for consideration---Appellant/defendant did not come to court for herself, rather appointed her husband as attorney, who admitted execution of Promissory Note---No witness was produced by appellant/defendant, thus no evidence was led by her in regard to satisfy requirements of S. 118 of Negotiable Instruments Act, 1881---No need to bring any evidence on contract---Trial Court formulated appropriate issues and after placing reliance on evidence adduced, decided such issues very eloquently---Respondent/plaintiff was not duty bound to adduce evidence by bringing any marginal witness to prove that consideration had been paid---Onus fell on the party denying consideration---High Court declined to interfere in judgment and decree passed by Trial Court---Appeal was dismissed, in circumstances.

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