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SHAUKAT ALI vs ABDUL GHAFFAR S — 2026 CLC 30 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2026 CLC 30 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2026
Reporter
CLC
Parties
SHAUKAT ALI vs ABDUL GHAFFAR S
Subject matter
Civil
Provisions referred to
S. 118---Q; S. 118; Civil Procedure Code (V of 1908); Negotiable Instrument 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

SHAUKAT ALI VS ABDUL GHAFFAR S. 118---Qanun-e-Shahdat (10 of 1984), Art. 129---Civil Procedure Code (V of 1908), O. XXXVII---Execution of negotiable instrument---Presumption attached to negotiable instrument---Scope---Lending of money---Financial position of the plaintiff---Suit was decreed in favour of plaintiff---Held: In a suit for recovery on the basis of anegotiable instrument, there are certain presumptions attached to the same in terms of S. 118 of Negotiable Instrument Act, 1881 ('the Act, 1881'), as to the passing of consideration, date, time, etc---Such presumptions have been created by law, however, the same are rebuttable and it is for the defendant to raise a defence to rebut the statutory presumptions---In the present case, admittedly, the respondent/plaintiff was driver by profession from where he could earn hardly to live comfortably let alone that he had savings to lend to others---Thus, it was difficult to believe that he had an amount of Rs.1,000,000/- to lend to the appellant---Financial position of the plaintiff was a relevant factor in such like matters---Therefore, lending of such an amount by the respondent to the appellant having the kind of job as held by the respondent seemed improbable that he would have lent such an amount---High Court set-aside the impugned judgment and decree passed by the Trial Court and the suit of the respondent was dismissed---Appeal was allowed accordingly.

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