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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; S. 118; Negotiable Instruments Act (XXVI of 1881); 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

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), Art. 2(4)---Summary suit on the basis of promissory note---Execution of promissory note and consideration---Proof---Defendant categorically denied the alleged liability, signatures/execution of the promissory note, accompanying receipt and receiving of consideration---Statutory presumption attached with negotiable instrument--- Scope---Held, that onus on the plaintiff/respondent was not discharged by merely producing the scribe and marginal witnesses of promissory-note/receipt, who clearly expressed lack of knowledge qua the alleged liability---Receipt exhibited by the respondent to show liability on the defendant/appellant read that cash amount was paid to the appellant as an alleged consideration of the promissory-note, however, the contentions in the plaint were contrary to the contents of the receipt, wherein in fact respondent had claimed some previously payable liability---Marginal witnesses of receipt failed to testify convincingly to prove transaction-in-question and alleged outstanding liability with respect to alleged supply of cotton yarn, hence presumption under S. 118 of Negotiable Instruments Act, 1881, could not be invoked---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 unsustainable in wake of deficient evidence qua proof of execution of promissory note and underlying consideration---Appeal was allowed, in circumstances.

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