2011 SCMR 1559 (PLP)
Meter NOOR MUHAMMAD — Petitioner Versus NAZIR AHMED — Respondent
| Citation | 2011 SCMR 1559 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Sair Ali and Khilji Arif Hussain, JJ |
| Parties | Meter NOOR MUHAMMAD — Petitioner Versus NAZIR AHMED — Respondent |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2011 SCMR 1559 (PLP)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1559 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Sair Ali and Khilji Arif Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1559 (PLP) (Meter NOOR MUHAMMAD — Petitioner Versus NAZIR AHMED — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Javed Jalal, Advocate Supreme Court for Petitioner.
- Nemo for Respondent.
- Date of hearing: 16th June, 2011.
- MUHAMMAD SAIR ALI J.---Leave is granted to consider inter alia the following propositions raised by the learned Advocate Supreme Court for the petitioner:
Headnotes / Summary
(Against judgment dated 31-3-2008 of Lahore High Court, Bahawalpur Bench, Bahawalpur, passed in RFA No. 10 of 1997).
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
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 was written by him and was' 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.
Judgment & Decree
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 oil 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 Imo Dual 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.