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MUHAMMAD ADNAN vs SALAH-UD-DIN S — 2025 SCMR 653 SUPREME-COURT

Case information

Citation
2025 SCMR 653 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
SCMR
Parties
MUHAMMAD ADNAN vs SALAH-UD-DIN S
Subject matter
Civil
Provisions referred to
S. 4---Q; Civil Procedure Code (V of 1908); 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 ADNAN VS SALAH-UD-DIN S. 4---Qanun-e-Shahadat (10 of 1984), Art. 17(2)(a)---Civil Procedure Code (V of 1908), O.XXXVII, Rr. 1 & 2---Suit for recovery of money---Promissory note, non-attestation of---Evasive denial---Concurrent findings of facts by two Courts below---Suit filed by respondent/plaintiff was decreed by both the Courts below in his favour and against the petitioner/defendant---Validity---Promissory note, under section 4 of Negotiable Instruments Act, 1881 is required to contain four essential ingredients: (i) an unconditional undertaking to pay; (ii) the sum should be the sum of money and certain; (iii) the payment should be to or to the order of a person who is certain, or to the bearer of the instrument; and (iv) the maker should sign it---If an instrument fulfills such four conditions, it is called a promissory note---Requirement of attestation of a document provided under Article 17 (2)(a) of Qanun-e-Shahadat, 1984 does not apply to promissory note---Petitioner/defendant took a vague stance and evasively denied allegations so made by the respondent/plaintiff as to his claim against petitioner/defendant---Such denial without any substantive proof could not be considered and approved---Trial Court and High Court minutely appreciated and evaluated pleadings of parties and had assessed evidence on the principle of preponderance---Both the Court below reached to a just conclusion that petitioner/defendant failed to successfully overturn the stand taken by respondent/plaintiff against him---Supreme Court declined to interfere in judgments and decrees passed by two Courts below in favor of respondent/plaintiff---Petition for leave to appeal was dismissed and leave was refused.

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