| Case ID |
2601d33b-67a7-473a-9554-49e984de8579 |
| Body |
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| Case Number |
Regular First Appeal No. 18 of 2005 |
| Decision Date |
Mar 29, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the appeal and set aside the trial court's decree. The matter was remanded to the trial court for a fresh decision regarding the question of consideration concerning the pro note. The court emphasized that the execution of the pro note was proven, yet the presumption of consideration was rebuttable. The absence of clear evidence regarding the underlying liability of the brother-in-law of the appellant necessitated a reevaluation of the case, ensuring both parties had the opportunity to present evidence on the issue of consideration. |
| Summary |
In this case, the Lahore High Court presided over an appeal concerning a suit for recovery based on a pro note executed by the appellant, Muhammad Sabir, in favor of the respondent, Muhammad Akram. The legal principles involved included the Civil Procedure Code and the Negotiable Instruments Act. The crux of the matter revolved around the execution of the pro note and the question of consideration, which the appellant contended was absent. The court found that while the execution was established, the presumption of consideration was rebuttable and that the trial court failed to adequately address the underlying liability of the appellant's brother-in-law. As a result, the High Court remanded the case for a fresh examination of the evidence regarding consideration. This decision highlights the importance of clear evidence in contractual disputes and the necessity for trial courts to frame specific issues to ensure fair adjudication. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sheikh Azmat Saeed,
Umar Ata Bandial
|
| Lawyers |
Muhammad Sabir Shad,
Mirza Muhammad Aziz ur Rehman
|
| Petitioners |
Muhammad Sabir
|
| Respondents |
Muhammad Akram
|
| Citations |
2006 SLD 2896,
2006 CLD 863
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Negotiable Instruments Act (XXVI of 1881)
|
| Sections |
Order XXXVII, Rr.2 & 3,
S.118
|