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Petitioner: Mehr NOOR MUHAMMAD VS Respondent: NAZIR AHMED
Court Name: Supreme Court of Pakistan Judge(s): Khilji Arif Hussain, Muhammad Sair Ali Title: Mehr NOOR MUHAMMAD vs NAZIR AHMED Case No.: Civil Petition No, 417-L of 2008 Date of Judgment:2011-06-16 Reported As: 2011 SCMR 1559 Result: Leave granted
Judgment ORDER MUHAMMAD SAIR ALI. J.---Leave 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.1 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.