1981 PLP 858 (CLC)
JAMEEL YOUSAF SIDDIQUI‑Plaintiff Versus A. H. KHAN AND ANOTHER‑Defendants
| Citation | 1981 PLP 858 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Ajmal Mian, J |
| Parties | JAMEEL YOUSAF SIDDIQUI‑Plaintiff Versus A. H. KHAN AND ANOTHER‑Defendants |
Q1: What are the key laws and sections cited in 1981 PLP 858 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 858 (CLC)?
The case was heard and decided by the Karachi bench comprising: Ajmal Mian, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 858 (CLC) (JAMEEL YOUSAF SIDDIQUI‑Plaintiff Versus A. H. KHAN AND ANOTHER‑Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Date of hearing: 16th April 1980.
Headnotes / Summary
Evidence Act (1 of 1872)‑ ‑‑ Ss. 91 & 92‑Document, contradiction of terms of‑Documents forming basis of claims alleged by defendant to have been given to plaintiff on his misrepresentation to avail of facility of overdraft from any Bank and same having never been intended to be acted upon‑No Bank having possibly advanced loan on basis of certificate'/ acknowledgment of a private limited Company affirming its liability to pay certain amount to holder of certificate/acknowledgment, plea, held, not plausible ‑Defendant not serving any notice on plaintiff, prior to institution of suit by plaintiff, alleging such certificate/ document having been obtained on misrepresentation or same having not been intended to be acted upon, plea, held further, an after thought‑Plea as to misrepresentation having not been accepted Ss. 91 & 92, Evidence Act, 1872, held still further, not applicable to case and oral evidence could not be produced in contradiction of terms of document in question. Muhammad Akbar Khan v. Sultan Ghani and others 1970 S C M R 696 ; Syed Riaz Ali v. Shabbir Ahmed Khan 1971 S C M tai 598 and West Pakistan Industrial Development Corporation v. Fateh Textile Mills Ltd. P L D 1968 Kar. 812 ref. S. A. Sarwana for Plaintiff. S. M. Sadiq and Hussain Adil Khatri for Defendants.
Judgment & Decree
Suit No. 89 of 1972, decided on 16th April 1980. Evidence Act (1 of 1872)‑ ‑‑ Ss. 91 & 92‑Document, contradiction of terms of‑Documents forming basis of claims alleged by defendant to have been given to plaintiff on his misrepresentation to avail of facility of overdraft from any Bank and same having never been intended to be acted upon‑No Bank having possibly advanced loan on basis of certificate'/ acknowledgment of a private limited Company affirming its liability to pay certain amount to holder of certificate/acknowledgment, plea, held, not plausible ‑Defendant not serving any notice on plaintiff, prior to institution of suit by plaintiff, alleging such certificate/ document having been obtained on misrepresentation or same having not been intended to be acted upon, plea, held further, an after thought‑Plea as to misrepresentation having not been accepted Ss. 91 & 92, Evidence Act, 1872, held still further, not applicable to case and oral evidence could not be produced in contradiction of terms of document in question. Muhammad Akbar Khan v. Sultan Ghani and others 1970 S C M R 696 ; Syed Riaz Ali v. Shabbir Ahmed Khan 1971 S C M tai 598 and West Pakistan Industrial Development Corporation v. Fateh Textile Mills Ltd. P L D 1968 Kar. 812 ref. S. A. Sarwana for Plaintiff. S. M. Sadiq and Hussain Adil Khatri for Defendants. Date of hearing: 16th April 1980.