| Case ID |
97d39c60-e0d9-46f0-9721-32d0b0da12a1 |
| Body |
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| Case Number |
Regular First Appeal No.721 of 2002 |
| Decision Date |
Sep 09, 2003 |
| Hearing Date |
Sep 09, 2003 |
| Decision |
The Lahore High Court dismissed the appeal filed by the appellant, IRFAN FAZAL, challenging the judgment and decree of the Additional District Judge which ordered the appellant to pay Rs.50,000 to the respondent, ZAHID IQBAL. The court found that the appellant had not satisfactorily proven his claims regarding repayment of the loan, nor had he effectively countered the respondent's assertions. The court emphasized that the suit was filed within the statutory limitation period, and the trial court's findings were upheld as they were consistent with the evidence presented. The appeal was thus dismissed, with the parties bearing their own costs. |
| Summary |
In the case of Regular First Appeal No.721 of 2002, the Lahore High Court addressed a dispute between IRFAN FAZAL (appellant) and ZAHID IQBAL (respondent) concerning the recovery of a loan. The respondent filed a suit under the summary procedure of the Civil Procedure Code, claiming Rs.74,000 based on a dishonored cheque dated 31-3-2000. The appellant sought leave to defend the suit, alleging unclean hands on the part of the respondent and arguing that the suit was barred by limitation. Key legal issues included the interpretation of the Civil Procedure Code and the Negotiable Instruments Act. The High Court upheld the trial court's decision, emphasizing the need for the appellant to provide evidence of repayment, which he failed to do. The court's ruling serves as a significant reference for future cases involving recovery suits and the obligations of defendants in proving their claims. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN HAMID FAROOQ, J
|
| Lawyers |
Yousaf Kazmi,
Peer S. A. Rashid
|
| Petitioners |
IRFAN FAZAL
|
| Respondents |
ZAHID IQBAL
|
| Citations |
2004 SLD 1770,
2004 CLC 384
|
| Other Citations |
Mian Rafique Saigol and another v. Bank of Credit and Commerce International (Overseas) Ltd. and another PLD 1996 SC 749
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Negotiable Instruments Act (XXVI of 1881)
|
| Sections |
O.XXXVII, Rr.2 & 7,
O.XXXVII, Rr.2, 3 & 7,
O. XXXVII, R.1,
S. 118
|