1988 PLP 870 (MLD)
SHAIKH JABBAR‑‑Plaintiff Versus ABAD MUHAMMAD QURESHI‑‑Defendant
| Citation | 1988 PLP 870 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Syed Abdur Rehman, J |
| Parties | SHAIKH JABBAR‑‑Plaintiff Versus ABAD MUHAMMAD QURESHI‑‑Defendant |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP 870 (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 1988 PLP 870 (MLD)?
The case was heard and decided by the Karachi bench comprising: Syed Abdur Rehman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 870 (MLD) (SHAIKH JABBAR‑‑Plaintiff Versus ABAD MUHAMMAD QURESHI‑‑Defendant). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 23rd May, 1988.
Headnotes / Summary
‑‑‑OXXXVII, R. 2‑‑Suit for recovery of loan‑‑Claim of plaintiff, proof of‑ Defendant, in spite of service, neither appearing nor contesting suit‑‑Plaint verified on solemn affirmation was accompanied by copies of agreement, pronote, cheques, notices, registration receipts, acknowledgment due and advices of Bank ‑Such copies compared with original documents and found to be correct‑ Evidence of plaintiff had gone unchallenged and unrebutted‑‑Claim of plaintiff having been satisfactorily proved, was decreed against defendant with specified interest till realization of decretal amount. Rasheed Rizvi for Plaintiff. Nemo for Defendant.
Judgment & Decree
This is a suit for recovery of Rs. 10,33, 083.60 under Order XXXVII C.P.C.
2. Case of the plaintiff is that on 30‑4‑1987 the plaintiff had given a friendly loan of Rs. 10,00,000 to the defendant and the defendant executed an agreement. He also executed Pro‑note for the repayment of the said loan. He agreed to repay the above amount of loan in 7 instalments and issued 7 post‑dated cheques vide details given in Para 3 of the plaint. The plaintiff presented these cheques to the bankers of the defendant but the same were dishonoured. Hence this suit.
3. The defendant was served with summons. He has chosen to remain absent in spite of service. He has not filed any application to defend the suit within the prescribed period. Hence the suit has been fixed for final disposal. Today also there is no appearance for the defendant.
4. The plaint is verified on solemn affirmation and is accompanied by photo copies of the agreement, pro‑note,‑ cheques, notices, registration receipt, acknowledgment due and the advices of the bank.
5. The plaintiffs counsel Mr. Rasheed A. Rizvi is present. He Las produced the original of all these documents for the perusal of Court. The same have been compared and have been returned to the plaintiffs counsel.
6. The above evidence of the plaintiff has gone unchallenged and unrebutted. I am satisfied about the claim of the plaintiff. I therefore, decree plaintiffs suit for a sum of Rs. 10,33,083.60. I also allow interest at the rate of 8% per annum from the date of the suit till realization of the decretal amount. The costs of the suit shall also be borne by the defendant.