| Case ID |
3795bfef-5cb4-41bf-b4c1-842d94c1c872 |
| Body |
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| Case Number |
Regular First Appeal No. 27 of 2009 |
| Decision Date |
Sep 17, 2010 |
| Hearing Date |
Jul 23, 2010 |
| Decision |
The appeal filed by the appellant, Sher Muhammad Khan, was dismissed by the Peshawar High Court, upholding the decision made by the Additional District Judge-I, D.I. Khan. The court found that the respondent, Fazal Ellahi, had established the validity of the promissory note executed by the appellant for a loan amount of Rs. 3,20,000. The court ruled that the trial court had jurisdiction to hear the case under Order XXXVII of the Civil Procedure Code as the document in question met the definitions set out in the Negotiable Instruments Act. The court noted the importance of the thumb impressions on the documents, which provided stronger evidence than signatures alone. The court emphasized that the appellant had ample opportunities to contest the claims but failed to substantiate his defense adequately. As such, the ruling favored the respondent, affirming the legitimacy of the promissory note and the debt owed. |
| Summary |
The case revolves around a dispute regarding a promissory note executed by the appellant, Sher Muhammad Khan, in favor of the respondent, Fazal Ellahi. The respondent filed a suit for recovery of Rs. 3,20,000, claiming that the appellant had borrowed this amount. The trial court ruled in favor of the respondent, leading to the appeal by the appellant. The Peshawar High Court upheld the trial court's decision, emphasizing the validity of the promissory note and the evidentiary weight of thumb impressions over signatures. The court highlighted the jurisdiction of the trial court under Order XXXVII of the Civil Procedure Code for cases involving negotiable instruments. The decision underscores the importance of clear documentation and the legal standing of promissory notes in financial disputes, ensuring that the rights of creditors are protected. This case serves as a critical reference for similar cases involving promissory notes and the legal frameworks governing negotiable instruments in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHER MUHAMMAD KHAN, J
|
| Lawyers |
Ahmad Ali Khan,
Malik Muhammad Asad
|
| Petitioners |
FAZAL ELLAHI
|
| Respondents |
AKHTAR ALI
|
| Citations |
2011 SLD 565,
2011 CLC 334
|
| Other Citations |
Khalil ur Rahman v. Muhammad Shafee 1993 MLD 1144,
Abdur Rauf v. Farooq Ahmad and another PLD 2007 Lah. 114,
Muhammad Asghar v. Mian Muhammad Hussain 2010 CLC 22,
Aamir Tofail v. Muhammad Siddique and another 2006 CLD 91,
Altaf Sarwar v. Shamas Din 2005 YLR 2614
|
| Laws Involved |
Qanun-e-Shahadat,
Negotiable Instruments Act, 1881,
Civil Procedure Code
|
| Sections |
163,
118,
13,
4,
O. XXXVII, Rr. 2 & 3
|