| Case ID |
42e23107-f8a7-45d0-96dd-56589f9899e7 |
| Body |
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| Case Number |
First Regular Civil Appeal No.2 of 2004 |
| Decision Date |
Sep 15, 2005 |
| Hearing Date |
Sep 14, 2005 |
| Decision |
The appeal was dismissed as the execution of the pro note was satisfactorily proved through independent witnesses. The Trial Court's conclusions were in accordance with the law and the evidence presented. The defendant's claims of non-execution and lack of consideration were not substantiated. The presiding judge emphasized the importance of proving any assertions made in court and noted that the burden of proof shifted once the pro note was established. The decision of the Trial Court was upheld, confirming the defendant's obligation to repay the claimed amount. |
| Summary |
In the case of First Regular Civil Appeal No.2 of 2004, the Peshawar High Court dealt with an appeal regarding the execution of a pro note. The plaintiff, Muhammad Ubaidullah, sought recovery of Rs. 15,000 from the defendant, Adil Jamshed, based on a pro note dated 10-08-2002. The court found that the execution of the pro note was satisfactorily proven through credible witnesses, despite the defendant's claims to the contrary. The court highlighted the legal principles surrounding negotiable instruments and contracts, specifically discussing the presumption of consideration in such agreements. The ruling reinforced the necessity for parties to substantiate their claims in court, ensuring that the burden of proof is appropriately managed. The High Court ultimately upheld the Trial Court's decision, dismissing the appeal and affirming the defendant's liability to repay the amount owed. This case underlines critical aspects of civil procedure and contract law, particularly in the context of financial agreements and the evidentiary standards required in civil litigation. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN KHAN, JUSTICE
|
| Lawyers |
Zain-ul-Abidin,
Sanaullah Shamim
|
| Petitioners |
MUHAMMAD UBAIDULLAH
|
| Respondents |
ADIL JAMSHED
|
| Citations |
2005 SLD 759,
2005 CLD 1840
|
| Other Citations |
Salar Abdur Rauf v. Mst. Barkat Bibi 1973 SCMR 332,
Muhammad Yaqoob and others v. Naseer Hussain and others PLD 1995 Lah. 395,
United Bank Limited v. Ch. Ghulam Hussain 1998 CLC 816,
Jehangir Nasim Khan v. Habibur Rehman Tanoli (Advocate) 2002 AC 833
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Contract Act (IX of 1872),
Negotiable Instruments Act (XXVI of 1881)
|
| Sections |
2,
O.XXXVII, Rr. 2 & 3,
O.XX, R.5,
24,
25,
118
|