1989 PLP 342 (MLD)
Syed NUSRAT ALI SHAH‑‑Plaintiff Versus Khawaja KHALID JAVID and another‑‑Defendants
| Citation | 1989 PLP 342 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Mazhar Ali, J |
| Parties | Syed NUSRAT ALI SHAH‑‑Plaintiff Versus Khawaja KHALID JAVID and another‑‑Defendants |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 342 (MLD)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 342 (MLD)?
The case was heard and decided by the Karachi bench comprising: Muhammad Mazhar Ali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 342 (MLD) (Syed NUSRAT ALI SHAH‑‑Plaintiff Versus Khawaja KHALID JAVID and another‑‑Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑O. XXXVII, Rr. 2 & 3‑‑Suit for recovery of loan‑‑Plaintiff not only produced, alongwith plaint, original promissory note on basis of which defendant borrowed disputed amount, but also produced original receipt 'and other documents supporting his claims-‑Plaint was verified on oath by plaintiff and application of defendant for leave to defend suit was dismissed‑‑Plaintiff having been found entitled to recover amount claimed by him, his suit was decreed with costs and on prescribed rate of interest on amount from date of filing suit till realisation, by High Court. Raja M. Jahl Ashraf Janjua for Plaintiff. Nemo for Defendants.
Judgment & Decree
‑‑‑O. XXXVII, Rr. 2 & 3‑‑Suit for recovery of loan‑‑Plaintiff not only produced, alongwith plaint, original promissory note on basis of which defendant borrowed disputed amount, but also produced original receipt 'and other documents supporting his claims-‑Plaint was verified on oath by plaintiff and application of defendant for leave to defend suit was dismissed‑‑Plaintiff having been found entitled to recover amount claimed by him, his suit was decreed with costs and on prescribed rate of interest on amount from date of filing suit till realisation, by High Court. Raja M. Jahl Ashraf Janjua for Plaintiff. Nemo for Defendants. This suit is fixed for final disposal as the application for leave to defend the suit has been dismissed for non‑prosecution. This suit has been filed under Order XXXVII, C.P.C. for recovery of Rs. 2,10,000 by the plaintiff against the defendant on the basis of demand promissory note dated 22nd April, 1985, for Rs. 2,50,000 a copy of which was duly filed with the plaint as Annexure `A'. The plaintiff claimed to have received a sum of Rs. 40,000 out of the said loan and thereby leaving the balance of Rs. 2,10,
000. The plaint is verified on solemn affirmation. The application for leave to defend has been dismissed. The counsel for the plaintiff has produced the original promissory note, the original receipt in the sum of Rs. 2,50,000, the original cheque of Rs. 10,000 dated 30‑9‑1986 drawn on the Allied Bank of Pakistan and another cheque of Rs. ,00,000 dated 25‑10‑1986 and the two memorandums of Allied Bank of Pakistan Ltd. These documents have been placed on record. The case of the plaintiff is also supported by the above original documents. The plaintiff is, therefore, entitled to decree. Suit No. 349 of 1987 is decreed in favour of the plaintiff and against the defendant in the sum of Rs. 2,10,000 with interest at the rate of 14% per annum from the date of the filing of the suit till realisation. The plaintiff will also be entitled to costs. H.B.T./N‑152/K Suit decreed.