H.J. (PVT.) LTD. through Chief Executive Officer, Rawalpindi vs ADDITIONAL DISTRICT AND SESSIONS JUDGE, WEST-ISLAMABAD O — 2022 MLD 1651 ISLAMABAD

Case information

Citation: 2022 MLD 1651 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: H.J. (PVT.) LTD. through Chief Executive Officer, Rawalpindi vs ADDITIONAL DISTRICT AND SESSIONS JUDGE, WEST-ISLAMABAD O
Subject matter: Constitutional

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

H.J. (PVT.) LTD. through Chief Executive Officer, Rawalpindi VS ADDITIONAL DISTRICT AND SESSIONS JUDGE, WEST-ISLAMABAD O.XXXVII, R. 3---Constitution of Pakistan, Art.199---Constitutional petition---Recovery of money---Leave to defend the suit, refusal of---Dishonouring of cheque---Return of money---Proof---In suit for recovery of money on the basis of dishonoured cheques petitioners /defendants were refused leave to appear and defend the suit by Trial Court---Plea raised by petitioners / defendants was that amount of cheques was already paid to respondent / plaintiff on different occasions--- Validity---Petitioners / defendants admitted issuance of cheques and dishonouring from bank---Defence that amount had been paid in different installments to respondent / plaintiff was imaginary and illusionary as petitioners / defendants did not mention any time / date / mode of payment etc.---High Court in exercise of Constitutional jurisdiction declined to interfere in order passed by Trial Court as the same was neither without jurisdiction, nor mala fide, void or coram non judice--- Constitutional petition was dismissed, in circumstances.

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