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Petitioner: MUHAMMAD ARSHAD VS Respondent: MUHAMMAD JAHANZEB KHAN
Court Name: Supreme Court of Pakistan Judge(s): Falak Sher, Iftikhar Muhammad Chaudhry Title: MUHAMMAD ARSHAD vs MUHAMMAD JAHANZEB KHAN Case No.: Civil Petition No,246-L of 2004 Date of Judgment:2004-07-30 Reported As: 2008 SCMR 1335 Result: Leave granted
Judgment ORDER ' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal has been filed against the judgment dated 15h June, 2004 passed by the Lahore High Court, Multan Bench, Multan whereby R.F.A. Filed by the petitioner has been dismissed by means of impugned judgment. 2. Learned counsel for petitioner, inter alia, contended that on 15th July, 2002, case was not adjourned with direction to petitioner-defendant to produce evidence, therefore, on the following date i.e, 3rd July, 2002, learned trial Court had no occasion to proceed against the petitioner under Order XVII, Rule 3, C.P.C. He also contended that in view of the judgment reported in the case of Ghulam Rasool v. Rai Ghulam Mustafa and others 1993 SCM R 2026 and Gul Hassan & Co. v. Allied Bank of Pakistan 1996 SCM R 237 even if the Court had decided to close the evidence of the petitioner but it had a legal obligation to give opportunity to the petitioner of recording his own statement. Learned counsel further contended that besides it as far as promissory note is concerned, it was also not admissible because in the written statement the petitioner has raised a specific objection regarding its validity on the ground that it is without consideration. To substantiate his plea he stated that the plaintiff who had statedly given cash of Rs,16,00,000 had failed to prove before the Court that for what purpose amount was given to petitioner, therefore, according to him for such reason the plea taken by the petitioner-defendant in the written statement seems to be correct. After hearing the learned counsel we grant leave to appeal to consider the above contentions. The execution proceedings, pending decision of appeal arising out of this petition, shall remain suspended and the security, which has already been furnished by the petitioner-defendant, while
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obtaining leave to appeal, shall remain intact till the decision of the appeal for the purpose of satisfying the decree. Leave to appeal granted.