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MUHAMMAD AFZAL vs MUHAMMAD ASLAM S — 2022 CLD 1318 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLD 1318 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLD
Parties
MUHAMMAD AFZAL vs MUHAMMAD ASLAM S
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

MUHAMMAD AFZAL VS MUHAMMAD ASLAM S. 118---Civil Procedure Code (V of 1908), O. XXXVII, Rr. 1 & 2---Recovery of money---Negotiable instrument---Expression "until the contrary is proved"---Scope---Presumption conclusive/rebuttable---Suit filed by respondent/plaintiff was decreed in his favour for recovery of Rs.4,000,000/- on the basis of Bank cheque which was dishonoured on presentation---Validity---Conclusive presumption was not envisaged under S. 118 of Negotiable Instruments Act, 1881, about drawing consideration etc. of negotiable instrument---Such presumption was rebuttable in nature and such was clear and obvious from the expression "until the contrary is proved" used in S. 118 of Negotiable Instruments Act, 1881---Respondent/plaintiff failed to prove his case as setup and that as to why he had paid a huge amount of Rs. 4,000,000/- to appellant/defendant simply on his request who had no blood or family relationship with him---High Court reversed findings of Trial Court on relevant issues and the same were decided in favour of appellant/defendant---High Court set aside judgment and decree passed by Trial Court, as it failed to appreciate evidence on record and committed an error while passing judgment and decree---Appeal was allowed, in circumstances.

Other judgments reported in 2022 CLD

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