Case ID |
00313dac-c13b-4a23-b974-01e464ac1fad |
Body |
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Case Number |
Civil Revision No.1019 of 2012 |
Decision Date |
Mar 26, 2012 |
Hearing Date |
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Decision |
The Lahore High Court dismissed the revision petition filed by the petitioner, reaffirming the ex parte decree issued by the Additional District Judge for the recovery of Rs.15,00,000. The court held that the document in question, termed as 'Iqrarnama', met the definition of a promissory note as per the Negotiable Instruments Act. The petitioner failed to provide sufficient grounds for setting aside the ex parte decree, and the court noted the petitioner's negligence in pursuing the matter. The ruling emphasized the importance of timely legal action and the consequences of inaction in civil proceedings. |
Summary |
In the civil revision case of Rana Muhammad Ikram against Mehran Fertilizers (Regd.), the Lahore High Court addressed the validity of an ex parte decree regarding a promissory note. The petitioner contested that the document labeled 'Iqrarnama' did not qualify as a promissory note under the Negotiable Instruments Act, 1881. The court clarified that an 'Iqrarnama' comprises an unconditional promise to pay a specified amount, thus aligning with the legal definition of a promissory note. The petitioner had absented himself from previous court proceedings, leading to an ex parte judgment that he sought to overturn. However, the court found no compelling reason to set aside the decree, emphasizing the need for diligence in legal matters. This case highlights the significance of adhering to procedural timelines and the legal ramifications of neglecting court obligations. Legal practitioners should note the implications of this ruling on similar future cases involving negotiable instruments and civil procedures. |
Court |
Lahore High Court
|
Entities Involved |
Not available
|
Judges |
NASIR SAEED SHEIKH, JUSTICE
|
Lawyers |
Khalid Jamil
|
Petitioners |
RANA MUHAMMAD IKRAM
|
Respondents |
MEHRAN FERTILIZERS (REGD.), FAISALABAD THROUGH MS. RASHIDA TALLAT
|
Citations |
2012 SLD 1322,
2012 CLD 1754
|
Other Citations |
PLD 1995 SC 66,
2006 SCMR 631,
1984 SCMR 568
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Laws Involved |
Negotiable Instruments Act,
Civil Procedure Code
|
Sections |
4,
XXXVII, Rule 1,
XXXVII, Rule 2,
XXXVII, Rule 4
|