PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Maj. (R) MUHAMMAD SIDDIQUE vs MUHAMMAD HAROON O — 2022 YLR 1583 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 1583 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
Maj. (R) MUHAMMAD SIDDIQUE vs MUHAMMAD HAROON O
Subject matter
Civil
Provisions referred to
S. 118---Q; Negotiable Instruments Act (XXVI of 1881)

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

Maj. (R) MUHAMMAD SIDDIQUE VS MUHAMMAD HAROON O. XXXVII, Rr. 2 & 3---Negotiable Instruments Act (XXVI of 1881), S. 118---Qanun-e-Shahadat (10 of 1984), Arts. 2(4) & 78---Summary suit on the basis of promissory note---Execution of promissory note and consideration---Proof---Defendant categorically denied signatures, execution of the promissory note, accompanying receipt and consideration---Opinion of handwriting expert---Scope---Held, that the plaintiff/ respondent failed to prove execution of promissory-note/consideration---No need to discuss the issue of effect and consequences of opinion of handwriting expert, when execution of the promissory note and consideration remained unproved making its non-existence highly probable---Preponderance of probability was against the plaintiff/respondent, hence claim on the basis of promissory note was not sustainable in law---Impugned judgment and decree suffered from gross illegalities and was unsustainable in wake of deficient evidence qua proof of execution of promissory note and underlying consideration---Appeal was allowed, in circumstances.

Other judgments reported in 2022 YLR

Back to the case-law library · Search Pakistani case law in Urdu or English