Case Summary & Legal Holding

This judicial decision was delivered by the SUPREME-COURT. The matter involves proceedings between Mehr NOOR MUHAMMAD and NAZIR AHMEDHonorable Justice Muhammad Sair AliMian Javed Jalal,Nemo, officially reported as 2011 CLD 1190. The court reviewed applicable Pakistani statutes, procedural requirements, and governing case-law authorities. The full text below contains the complete facts, arguments, and legal reasoning rendered by the honorable bench.

Full Judgment Text & Judicial Ruling

2011 C L D 1190

[Supreme Court of Pakistan]

Present: Muhammad Sair Ali and Khilji Arif Hussain, JJ

Mehr NOOR MUHAMMAD---Petitioner

Versus

NAZIR AHMED---Respondent

Civil Petition No. 417-L of 2008, decided on 16th June, 2011.

(Against judgment dated 31-3-2008 of Lahore High Court, Bahawalpur Bench, Bahawalpur, passed in RFA No. 10 of 1997).

Civil Procedure Code (V of 1908)---

----O. XXXVII, Rr. 2 & 3---Stamp Act (II of 1899), S. 2(5)---Negotiable Instruments Act (XXVI of 1881), S. 4---Qanun e-Shahadat (10 of 1984), Arts. 17(a) & 79---Constitution of Pakistan, Art. 185(3)---Suit for recovery of amount on basis of promissory note---Non-cancellation of stamp on promissory note and non-production of marginal witnesses by plaintiff to prove its execution---Validity---Supreme Court granted leave to appeal to consider questions as to whether short cause suit could not be treated as long cause suit in consequence of purported non-cancellation of stamps on promissory note; what was the legal effect of partial non-cancellation of stamps on promissory note; whether plaintiff under Arts. 17 & 79 of Qanun-e-Shahadat, 1984, was obliged to produce both marginal witnesses despite deposition of scribe to the effect that promissory note and receipt were written by him and were signed by defendant in his presence; and whether promissory note did require production of two marginal witnesses after promulgation of Qanun-e-Shahadat, 1984 or whether attestation of two witnesses on promissory note would under law change its nature.

Mian Javed Jalal, Advocate Supreme Court for Petitioner.

Nemo for Respondent.

Date of hearing: 16th & June, 2011.

ORDER

MUHAMMAD SAIR ALI, J.---heave is granted to consider inter alia the following propositions raised by the learned Advocate Supreme Court for the petitioner:--

(i) Could the short cause suit be not treated as the long cause suit in the consequence of purported non-cancellation of stamps on the promissory note;

(ii) What is the legal effect of partial non-cancellation of the stamps on the promissory note;

(iii) Under Articles 17 and 79 of the Qanun-e-Shahadat Order, 1984, was the petitioner-plaintiff obliged to produce both the marginal witnesses, when Bashir Ahmed, scribe had been produced as P.W. deposing that the promissory note, written by him, was signed by the respondent in his presence and the receipt thereto was also so executed; and

(iv) Did the proof of promissory note require production of two marginal witnesses after the promulgation of Qanun-e-Shahadat Order, 1984 or as to whether the attestation of two witnesses on the promissory note would under the law change its nature.

S.A.K./N-11/SC Leave granted.

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