Pakhtunkhwa Highway Authority through Managing Director Peshawar vs Arshad Sher Ali O — 2025 MLD 1357 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 MLD 1357 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: MLD
Parties: Pakhtunkhwa Highway Authority through Managing Director Peshawar vs Arshad Sher Ali O
Subject matter: Civil
Provisions referred to: S. 115---R

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

Pakhtunkhwa Highway Authority through Managing Director Peshawar VS Arshad Sher Ali O.XXXVII Rr.1, 2 & S. 115---Recovery suit on the basis of cheque---Ex parte proceedings in summary suit---Production of evidence in proof of claim, requirement of---Scope---Principle of natural justice and procedured fairness---Contention of the petitioner/plaintiff was that since an ex parte order had been passed against the defendants/respondents, thus, instead of passing an order for production of evidence of the plaintiff, Trial Courts hould have decreed the suit---Validity---In summary suits under O. XXXVII, C.P.C., where defendants are proceeded against ex parte, the plaintiff is still required to lead evidence to prove his claim---Ex parte decree in a summary suit under O. XXXVII, C.P.C. is not automatic---Plaintiff must provide sufficient evidence to allow the court to scrutinize the genuineness of the claim for ensuring that the judgment is based on solid proof---Necessity of recording plaintiff's evidence, even in ex parte summary suit proceedings, stems from principles of natural justice and fairness in procedure---Civil revision was dismissed in limine in circumstance.

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