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Petitioner: SHAIKH JABBAR VS Respondent: ABAD MUHAMMAD QURESHIHonorable Justice Syed Abdur RehmanRasheed Rizvi,Nemo
1988 M L D 870
1988 M L D 870
[Karachi]
Before Syed Abdur Rehman, J
SHAIKH JABBAR‑‑Plaintiff
versus
ABAD MUHAMMAD QURESHI‑‑Defendant
Summary Suit No. 148 of 1988, decided on 23rd May, 1988.
Civil Procedure Code (V of 1908)‑‑--
-‑‑‑OXXXVII, R. 2‑‑Suit for recovery of loan‑‑Claim of plaintiff, proof of‑ Defendant, in spite of service, neither appearing nor contesting suit‑‑Plaint verified on solemn affirmation was accompanied by copies of agreement, pronote, cheques, notices, registration receipts, acknowledgment due and advices of Bank ‑Such copies compared with original documents and found to be correct‑ Evidence of plaintiff had gone unchallenged and unrebutted‑‑Claim of plaintiff having been satisfactorily proved, was decreed against defendant with specified interest till realization of decretal amount.
Rasheed Rizvi for Plaintiff.
Nemo for Defendant.
Date of hearing: 23rd May, 1988.
JUDGMENT
This is a suit for recovery of Rs. 10,33, 083.60 under Order XXXVII C.P.C.
2. Case of the plaintiff is that on 30‑4‑1987 the plaintiff had given a friendly loan of Rs. 10,00,000 to the defendant and the defendant executed an agreement. He also executed Pro‑note for the repayment of the said loan. He agreed to repay the above amount of loan in 7 instalments and issued 7 post‑dated cheques vide details given in Para 3 of the plaint. The plaintiff presented these cheques to the bankers of the defendant but the same were dishonoured. Hence this suit.
3. The defendant was served with summons. He has chosen to remain absent in spite of service. He has not filed any application to defend the suit within the prescribed period. Hence the suit has been fixed for final disposal. Today also there is no appearance for the defendant.
4. The plaint is verified on solemn affirmation and is accompanied by photo copies of the agreement, pro‑note,‑ cheques, notices, registration receipt, acknowledgment due and the advices of the bank.
5. The plaintiffs counsel Mr. Rasheed A. Rizvi is present. He Las produced the original of all these documents for the perusal of Court. The same have been compared and have been returned to the plaintiffs counsel.
6. The above evidence of the plaintiff has gone unchallenged and unrebutted. I am satisfied about the claim of the plaintiff. I therefore, decree plaintiffs suit for a sum of Rs. 10,33,083.60. I also allow interest at the rate of 8% per annum from the date of the suit till realization of the decretal amount. The costs of the suit shall also be borne by the defendant.