| Case ID |
4299576e-e601-4775-b8f6-d622fc86e892 |
| Body |
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| Case Number |
R.F.A. No. 129-A of 2012 |
| Decision Date |
Dec 10, 2018 |
| Hearing Date |
Dec 10, 2018 |
| Decision |
The appeal by Umar Khan was accepted, and the previous judgment of the trial court was set aside. The plaintiff's case was dismissed due to the failure to produce necessary evidence, specifically the second marginal witness for the pro note. The court found that the evidence presented was inadequate to support the claim for the recovery of Rs. 98,000, leading to the conclusion that the trial court did not appreciate the evidence correctly. As a result, the appeal was allowed, and the decree of the trial court was overturned. |
| Summary |
In the case of Umar Khan vs. Nazir, the Peshawar High Court addressed the appeal concerning a summary suit for the recovery of Rs. 98,000 based on a pro note dated June 30, 2009. The appeal was initiated after the trial court issued a decree favoring the plaintiff, Nazir, despite the absence of a critical second marginal witness. The court emphasized the necessity of presenting credible evidence to prove the execution of the pro note. The appeal raised concerns regarding the trial court's findings and the plaintiff's failure to substantiate the claim with reliable witnesses. Ultimately, the High Court overturned the trial court's decision, highlighting the importance of due process and evidentiary standards in civil proceedings. This case underscores the significance of proper legal representation and the necessity to adhere to procedural requirements in civil suits, particularly those involving financial claims and promissory notes. Legal practitioners must ensure that all relevant witnesses are available to support their claims, as the absence of such evidence can lead to unfavorable outcomes in court. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD ATTIQUE SHAH
|
| Lawyers |
Shahnawaz Iqbal,
Muhammad Naeem Akbar
|
| Petitioners |
Umar Khan
|
| Respondents |
Nazir
|
| Citations |
2019 SLD 1306,
2019 CLC 935
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXXVII,R.2,3
|