SHAUKAT IQBAL vs MUHAMMAD SHUMAIL AKRAM S — 2023 CLC 193 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 193 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: SHAUKAT IQBAL vs MUHAMMAD SHUMAIL AKRAM S
Subject matter: Civil
Provisions referred to: S. 56----C; S. 56; 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

SHAUKAT IQBAL VS MUHAMMAD SHUMAIL AKRAM S.56----Civil Procedure Code (V of 1908), O.XXXVII, Rr. 1 & 2---Recovery suit on the basis of negotiable instrument----Part Performance---Section 56 of Negotiable Instruments Act, 1881 specifically provided for an endorsement on a negotiable instrument with regard to part-payment and the instrument could thereafter be negotiated for the balance amount---If the drawer and payee of cheque adopt the procedure given in S. 56 of the Negotiable Instruments Act, 1881 then it would be open to the payee of the cheque to present the cheque for the payment of only that much endorsed balance amount which was due to him---After the receipt of admitted part-payment from the amount of cheque before filing the suit, the payee could neither present the cheque for encashment without adopting procedure under S.56 of the Negotiable Instruments Act, 1881, nor could file suit for recovery of cheque amount while invoking special jurisdiction under O.XXXVII, C.P.C., in new circumstances which is a subsequent agreement rather would file a suit for recovery of balance amount of cheque before an ordinary civil court of plenary jurisdiction---Order XXXVII, C.P.C. does not restrict person(s)/plaintiff(s) from filing an ordinary suit for recovery of cheque amount before an ordinary civil court of plenary jurisdiction rather provided discretion to either institute a suit by invoking special jurisdiction under O.XXXVII, C.P.C. or to file the same under ordinary procedure before ordinary civil court of plenary jurisdiction and there existed no legal compulsion to restrict the choice of person(s)/plaintiff(s).

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