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Muhammad Altaf vs Rana Shakeel Ahmad O — 2024 MLD 1761 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 MLD 1761 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
MLD
Parties
Muhammad Altaf vs Rana Shakeel Ahmad O
Subject matter
Civil
Provisions referred to
S. 128---; S. 118---; S. 118; Contract Act (IX of 1872); 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 Altaf VS Rana Shakeel Ahmad O.XXXVII, Rr. 1 & 2--- Contract Act (IX of 1872), S. 128--- Negotiable Instruments Act (XXVI of 1881), S. 118--- Suit for recovery of money--- Liability of surety--- Dishonored cheque--- Presumption--- Appellant / defendant was aggrieved of judgment and decree passed by Trial Court for recovery of amount mentioned in cheque which was dishonored on presentation--- Plea raised by appellant / defendant was that he issued the cheque merely as surety--- Validity--- Appellant / defendant undertook to pay Rs.1,500,000/- without requirement of any reference to principal debtor--- There was nothing on record suggesting that anything contrary had been settled between the parties--- Witnesses were cross-examined in length but nothing adverse or sufficient to rebut the presumption arising under S.118 of Negotiable Instruments Act, 1881, was noticed---Appellant / defendant admitted signing second agreement and did not deny issuance, presentation and dishonoring of the cheque---High Court declined to interfere in the judgment and decree and imposed cost upon appellant / defendant as Trial Court had reached the correct conclusion--- Appeal was dismissed, in circumstances.

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