| Case ID |
215752a7-a715-47c8-9a08-3836733f1328 |
| Body |
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| Case Number |
R.F.A. No. 207 of 2018 |
| Decision Date |
Feb 22, 2023 |
| Hearing Date |
Feb 22, 2023 |
| Decision |
The High Court set aside the impugned judgment and decree passed by the Trial Court and dismissed the suit filed by the respondent/plaintiff for recovery of an amount of Rs. 34,50,000/- on the basis of cheque. The appellant/defendant successfully argued that the respondent/plaintiff failed to establish the execution of a lease agreement and the authenticity of the cheque that was claimed to be dishonored. The court highlighted the necessity for the plaintiff to provide credible evidence and noted that best evidence was withheld, leading to an adverse inference against the plaintiff. Consequently, the appeal filed by the defendant was accepted. |
| Summary |
This case revolves around a dispute over a cheque amounting to Rs. 34,50,000/- claimed by the respondent/plaintiff, Muhammad Asghar, against the appellant/defendant, Sikandar Mehmood Dai. The plaintiff alleged that a trailer was leased to the defendant and a cheque was issued for the outstanding amount. However, the defendant disputed the existence of a lease agreement and claimed that the cheque was delivered under different circumstances related to a loan. The Lahore High Court found that the plaintiff failed to provide sufficient evidence to support his claims, particularly lacking documentation regarding the lease and the absence of witnesses during the transaction's assertion. The court emphasized the principle that the burden of proof lies with the plaintiff, especially in cases involving negotiable instruments. The decision underlines the importance of credible evidence in legal proceedings, particularly in financial disputes, and highlights the critical evaluation of claims in civil litigation. This case serves as a significant reference point for similar disputes involving cheques and loan agreements. |
| Court |
Lahore High Court, Bahawalpur Bench
|
| Entities Involved |
Not available
|
| Judges |
Safdar Saleem Shahid
|
| Lawyers |
Hafiz Rehman Aziz,
Muhammad Ismail Makki
|
| Petitioners |
Muhammad Asghar
|
| Respondents |
Sikandar Mehmood Dai
|
| Citations |
2024 SLD 3247,
2024 YLR 1810
|
| Other Citations |
Salar Abdul Rauf v. Mst. Barkat Bibi 1973 SCMR 332,
Ghulam Murtaza v. Muhammad Rafiq 2020 CLD 265,
Asif Ali and 6-others v. Saeed Muhammad 2009 CLD 1301
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984),
Negotiable Instruments Act (XXVI of 1881)
|
| Sections |
1,
2,
129(g),
118
|