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Petitioner: ALTAF AHMAD VS Respondent: KHALID UMAR
Court Name: Lahore High Court Judge(s): Jawwad S. Khawaja Title: ALTAF AHMAD vs KHALID UMAR Case No.: Regular First Appeal No,873 of 2001 Date of Judgment:2005-10-03 Reported As: 2007 CLC 70 Result: Appeal dismissed
JUDGMENT
JUDGMENT ' JAWWAD S. KHAWAJA, J.--- The respondent has been served but none has appeared on his behalf despite service. He is, therefore, proceeded against ex parte. 2. The appellant/plaintiff had filed a suit for recovery of Rs,1,00,000 on the footing of a promissory note dated 10-2-1999. The said suit has been dismissed by the learned trial Court on the ground that the adhesive stamps on the, pro note have not been cancelled/defaced, with the result that the said promissory note is not duly stamped and, therefore, cannot be treated as admissible evidence. I have myself examined the promissory note and find the observation of the learned trial Court to be correct. Since the promissory note on which the appellant's case was based, is itself inadmissible in evidence, the suit of A the appellant was rightly dismissed. In the circumstances, I find no reason to interfere in the impugned decree. This appeal is, therefore, dismissed.