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MUHAMMAD MUZAMMIL vs KHURRAM SAEED O — 2024 CLC 610 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 610 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
MUHAMMAD MUZAMMIL vs KHURRAM SAEED O
Subject matter
Civil
Provisions referred to
S. 118---S; 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

MUHAMMAD MUZAMMIL VS KHURRAM SAEED O. XXXVII, Rr. 1 & 2---Negotiable Instruments Act (XXVI of 1881), S. 118---Suit for recovery of money on the basis of negotiable instrument---Leave to defend the suit---Conditional order---Non-compliance---Tampering of cheques---Proof---Appellant/defendant was granted leave to defend the suit subject to furnishing solvent surety---Appellant/defendant failed to furnish the surety, resultantly the suit was decreed against him---Contention of appellant/defendant was that the cheques were tampered---Validity---There was no documentary evidence to corroborate such position---Appellant/defendant sought cancellation of underlying agreement which was the basis of his suit for cancellation but such plea did not lie in summary suit---High Court declined to interfere in judgment and decree passed by Trial Court as the same was well-reasoned and proof of dishonored cheques was annexed with plaint---Trial Court rightly observed that presumption regarding cheques in question under S. 118 of Negotiable Instruments Act, 1881, was to be admitted---Appeal was dismissed, in circumstances.

Other judgments reported in 2024 CLC

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