| Case ID |
04197fee-e4b0-48dd-9807-24a458050f6f |
| Body |
View case body. Login to View |
| Case Number |
First Appeal No. 154 of 2017 |
| Decision Date |
Jan 27, 2020 |
| Hearing Date |
Jan 20, 2020 |
| Decision |
The appeal was allowed, and the impugned judgment was set aside. The case was remanded for trial afresh, with the direction that the suit should proceed as an ordinary suit and not as a summary suit. The trial court had the discretion to direct the plaintiff to deposit the negotiable instrument with an official of the court, but it was not a mandatory requirement of law. The court clarified that a summary suit could be competent on the basis of a lost negotiable instrument, provided the plaintiff established the existence of such an instrument under the provisions of the Qanun-e-Shahadat, 1984. The plaintiff's failure to provide the original cheque or to administer a special oath resulted in the dismissal of the petition for leave to appear and defend the suit. The decision emphasized the importance of indemnifying the court against claims of other parties regarding the lost instrument. Overall, the court highlighted procedural lapses and the necessity of adhering to legal requirements in summary suits. |
| Summary |
This case revolves around a summary suit initiated based on a lost negotiable instrument, specifically a cheque. The appellant challenged the trial court's decision to decree the suit, citing the absence of the original cheque and the improper handling of a special oath offer. The Sindh High Court ruled that the trial court had erred in dismissing the leave to defend application without considering essential evidence and legal provisions regarding lost instruments. The judgment underscored the need for strict compliance with procedural rules in civil litigation, particularly in summary suits, where the burden of proof rests heavily on the plaintiff. The ruling serves as a crucial reference for future cases involving negotiable instruments and highlights the importance of maintaining proper legal protocols to ensure fair trials. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
IRFAN SAADAT KHAN,
FAHIM AHMED SIDDIQUI
|
| Lawyers |
S.M. Jahangir for Appellant,
|
| Petitioners |
ALI ASGHAR DAWOOD BHOY THROUGH ATTORNEY
|
| Respondents |
IBRAHIM
|
| Citations |
2020 SLD 1680,
2020 CLC 1503
|
| Other Citations |
Asif Nadeem v. M/S. Bexshim Corporation and others 2001 CLC 653
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Negotiable Instruments Act, 1881,
Qanun-e-Shahadat (10 of 1984),
Oath Act, 1873
|
| Sections |
2,
3,
5,
16,
118,
163,
9
|