GHULAM MUSTAFA vs RASHID ALI O — 2024 MLD 569 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 569 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: GHULAM MUSTAFA vs RASHID ALI 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

GHULAM MUSTAFA VS RASHID ALI O. XXXVII, Rr. 2 & 3---Negotiable Instruments Act (XXVI of 1881), S.118---Suit for recovery of money on the basis of negotiable instruments---Presumption---Leave to defend the suit---Conditional order, non-compliance of---Appellant/defendant was granted leave to defend the suit subject to deposit of security in shape of Defence Saving Certificates---Appellant/defendant failed to comply the condition resultantly suit was decreed against him---Validity---Cheques in question had presumption under S. 118 of Negotiable Instruments Act, 1881, and contents of plaint and allegations made therein were deemed to be admitted---Appellant/defendant did not comply with conditional order, therefore, he was not entitled to challenge the decree before High Court on such grounds that he had taken in application for leave to defend the suit---High Court declined to interfere with judgment and decree passed by Trial Court as the Court did not err in law by passing a decree---Appeal was dismissed, in circumstances.

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