MAHRAJ GANESHPURI CHELLA vs GAGOOMAL — 1971 SCMR 115

Citation: 1971 SCMR 115

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-08-18

Parties: MAHRAJ GANESHPURI CHELLA vs GAGOOMAL

Headnotes

Case cited as 1971 SCMR 115

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: MAHRAJ GANESHPURI CHELLA vs GAGOOMAL Case No.:Civil Petition for Special Leave to Appeal No. K-67 of 1970 1st Appeal No. 5 of 1970 Date of Judgment:1970-08-18 Reported As: 1971 SCMR 115 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD, J.-This petition is filed against the order of a Division Bench of the West Pakistan High Court, Karachi Bench, in First Appeal No. 5 of 1970 dated the 26th May 1970. By this judgment the High Court dismissed the First Appeal summarily. The petitioner obtained a loan of Rs. 7,000 under a pronote which was signed as well as thumb- marked on the 8th December 1965. The amount was to be paid on demand. As the petitioner failed to pay the amount, the respondent filed a suit under Order XXXVII, rule I, C. P. C. For the recovery of Rs. 8,312/50. The petitioner obtained leave to defend the suit. He denied the claim of the respondent. He alleged that he had neither taken any loan from the respondent nor had executed any pronote. Accord--ing to him due to the War of 1965 between India and Pakistan, he was extended from Hyderabad and was confined within the limits of Mulla Khatiar, a village at a distance of 25 miles from Hyderabad where he remained under police surveillance from the 12th November 1965 to 12th March 1966. On the pleadings of the parties, two issues were framed, namely :- (1) Whether the promissory note has been…

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