| Case ID |
03f90a54-79a2-4b7e-bd07-60f6fa11e907 |
| Body |
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| Case Number |
R.F.A. No.209 of 2006 |
| Decision Date |
Oct 02, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the trial court's decision, confirming that the plaintiffs had established their case against the defendant for recovery of Rs.3,00,000 based on a promissory note. The court found that the defendant had admitted his signature on the promissory note and receipt, thus shifting the burden of proof to him to demonstrate that he signed on blank papers. The court ruled that the promissory note did not require attestation by witnesses as per the provisions of the Negotiable Instruments Act, 1881, and thus the appeal was dismissed. |
| Summary |
In the case of R.F.A. No.209 of 2006 decided by the Lahore High Court, the court evaluated the arguments surrounding a promissory note executed by the defendant, Abdul Rauf, in favor of the plaintiffs for the recovery of Rs.3,00,000. The plaintiffs successfully proved the existence of the note and related documents through marginal witnesses, while the defendant's claims of coercion and lack of attestation were dismissed. This case underscores the legal principles surrounding negotiable instruments, particularly the requirements for promissory notes under the Negotiable Instruments Act, 1881, and the implications of the Qanun-e-Shahadat, 1984 in evidentiary matters. The decision reinforces the necessity for clear evidence in financial disputes and the importance of understanding the legal framework governing such transactions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR,
FAZAL-E-MIRAN CHAUHAN
|
| Lawyers |
S. M. Masud,
Mian Muhammad Aslam Arain
|
| Petitioners |
ABDUL RAUF
|
| Respondents |
ANOTHER,
FAROOQ AHMED
|
| Citations |
2007 SLD 321,
2007 CLD 114
|
| Other Citations |
Ram Narayan Bhagat and another v. Ram Chandra Singh and others AIR 1962 Patna 325,
Haji Hamzo Panhwar. v. Muhammad Ibrahim, and another PLD 1963 (W.P.) Kar. 962,
Dayal and another v. Bhimma 1925 Oudh 188
|
| Laws Involved |
Negotiable Instruments Act (XXVI of 1881),
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984),
Evidence Act (I of 1872),
Stamp Act (II of 1899)
|
| Sections |
6,
29-C,
4,
35,
Order XXXVII,
17(2)(a),
2(5)(b)
|