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ALLAH DITTA vs ZULFIQAR S — 2023 CLC 905 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLC 905 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLC
Parties
ALLAH DITTA vs ZULFIQAR S
Provisions referred to
S. 4---Q; 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

ALLAH DITTA VS ZULFIQAR S.4---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Promissory note---Proof of execution of document required by law to be attested---Competence and number of witnesses---Scope---Article 79 provides that a document cannot be used as evidence until two witnesses at least are called to prove execution, however, this requirement applies only if that particular document is required by law to be attested---Article 17(2) specifies that such requirement of attestation does not apply when contrary is provided in any special law---Section 4 of the Negotiable Instruments Act, 1881, provides that promissory note, which is an unconditional undertaking, is only required to be signed by maker---Negotiable Instruments Act, 1881, which is a special law, does not require attestation by witnesses or provides for any bearing of attestation or non-attestation on the instrument---Combined reading of the above provisions of law makes it clear that neither any attestation is required on the promissory note nor there is any requirement of calling the witnesses to prove its execution.

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