SHAIKH NASIR ALI SHAIKH NAZAR ALI vs MUHAMMAD SALIM — 1978 PLD 1096

Citation: 1978 PLD 1096

Court: Sindh High Court

Year: 1969

Decision Date: 1969-06-09

Parties: SHAIKH NASIR ALI SHAIKH NAZAR ALI vs MUHAMMAD SALIM

Headnotes

Case cited as PLD 1978 Karachi 1096

Judgment Text

Court Name: Sindh High Court Judge(s): Noorul Arfin Title: SHAIKH NASIR ALI SHAIKH NAZAR ALI vs MUHAMMAD SALIM Case No.: Suit No. 256 of 1966 Date of Judgment:1969-06-09 Reported As: PLD 1978 Karachi 1096 Result: Suit dismissed JUDGMENT JUDGMENT The plaintiff's suit is under Order XXXVII, C. P. C. The claim from the defendant Rs. 55,000 on two promissory notes, one for Rs. 30,000 (Exh. P/14) dated 2-9-1964, and the other for Rs. 25,000 (Exh. P/ 15) dated 10-10-1964. The case set out in the plaint is that these promissory notes were given by the defendant for two friendly loans taken by him from the plaintiff on the dates the notes were executed. These loans are also alleged to have been acknowledged by two receipts, both of which are attached to the promissory notes. The plaint further states that defendant gave to the plaintiff, on 10-10-1964, a post-dated cheque for Rs. 25,000 (Exh. P/10) payable on 9-7-1965 towards discharge of the promissory note Exh. P/15. This cheque purports to be drawn on one of the branches of the Habib Bank Limited at Lahore. According to the plaintiff, the cheque was dishonoured on presentment to the bankers, whereafter the defendant was approached by the plaintiff several times for repayment of the loans and when he failed to do so, the plaintiff brought the present suit On 9-1-1967, the defendant was given leave by me to appear and defend the suit, but subject to his- furnishing security for the plaintiff's claim. This security was duly given,…

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