2005 PLP 977 (SCMR)
ANEES A. SHEIKH — Petitioner Versus Col. (Retd.) GHULAM MASOOD QURESHI — Respondent
| Citation | 2005 PLP 977 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh and Khalil-ur-Rehman Ramday, JJ |
| Parties | ANEES A. SHEIKH — Petitioner Versus Col. (Retd.) GHULAM MASOOD QURESHI — Respondent |
| Primary Law | (b) Qanun-e-Shahadat (10 of 1984), (a) Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2005 PLP 977 (SCMR)?
This judgment primarily cites: (b) Qanun-e-Shahadat (10 of 1984), (a) Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 977 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh and Khalil-ur-Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 977 (SCMR) (ANEES A. SHEIKH — Petitioner Versus Col. (Retd.) GHULAM MASOOD QURESHI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Imdad Ali Khan, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record (absent) for Petitioner.
- S.M. Tayyab, Senior Advocate Supreme Court for Respondent.
- Date of hearing: 14th October, 2003.
- Ch. Imdad Ali Khan, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record (absent) for Petitioner.
- 5. Learned counsel for petitioner has repeated the same arguments, which were addressed before the Division Bench of the High Court i.e. that the dates on the cheques were not in sequence. He urged that though receipts produced as mark "A", "B", "C" and "D" and amount of Rs.1,00,000 was proved to have been paid to Muhammad Usman the son of the respondent and according to the other documents i.e. D/1 to D/19 and copies of Books of Account the return of entire amount stands proved.
Headnotes / Summary
(On appeal from the judgment/order dated 16-6-2003 passed by Lahore High Court, Multan Bench, Multan in R.F.A. No.62 of 1998).
O. XXXVII, Rr.3 & 4
Qanun-e-Shahadat (10 of 1984), Art.31-- Constitution of Pakistan (1973), Art. 185(3)
Suit for recovery of loan amount on basis of cheques given as security
Suit decreed by Trial Court was upheld by Appellate Court
Plea of defendant was that plaintiff had admitted signatures of his son on receipts, whereby amount of Rs.1,00,000 was paid to his son, thus, such amount was liable to be deducted from decretal amount
Plaintiff was fair enough to admit such signatures, which he had explained by stating that same had obtained by defendant on blank paper, who had subsequently, therein amount relating to wheat and cotton, supplied by defendant
Cross-examination of defendant showed that plaintiff, apart from loan amount, had been supplying wheat and cotton to defendant-- Defendant in his evidence had admitted to have paid to plaintiff more than Rs.26,00,000, from which conclusion could safely be drawn that apart from loan transaction, there was also business dealings between parties and payments used to be made
Plaintiff had satisfactorily explained his admission regarding signatures of his son
Findings of fact recorded by Courts below were based on correct, elaborate and careful appraisal of evidence
Supreme Court dismissed petition and refused leave to appeal in circumstances.
Art. 31
Admission by a party to proceedings
Evidentiary value-- Such admission could be used as evidence of conclusive nature, if same was proved to be unqualified.
Judgment & Decree
MUNIR A. SHEIKH, J.‑‑‑This petition is directed against the .judgment dated 16‑6‑2003 passed by Lahore High Court, Multan Bench, Multan whereby appeal filed by the petitioner against the judgment and decree of the trial Court has been dismissed with the modification in the decree, to the effect that the claim regarding recovery of mark‑up‑has been set aside.
2. The petitioner obtained loan for his business from the respondent against which as security he issued 6 cheques covering the said amount on different dates. In the application for grant of leave to defend and also written statement filed after the grant of leave the plea taken by the petitioner was that he had received the suit amount from the respondent not as Qarze Hasna but for investment in his business which was to be returned along with Munafa. According to him the said amount with Munafa was returned to the plaintiff/respondent from time to time but he did not receive back the cheques at the time of making payments.
3. The trial Court after considering the documentary as well as oral evidence produced by the parties came to the conclusion that the petitioner had failed to prove the return of amount, therefore, the suit was decreed for recovery of the said amount along with mark‑up from the date of payment till the date of recovery at the rates prescribed by the scheduled banks.
4. Appeal filed by the petitioner has been dismissed through the impugned judgment, dated 16‑6‑2003 with modification that the respondent/plaintiff was not entitled to recover any amount on account of mark‑up for there was no agreement between the parties against which this petition for leave to appeal is filed.
5. Learned counsel for petitioner has repeated the same arguments, which were addressed before the Division Bench of the High Court i.e. that the dates on the cheques were not in sequence. He urged that though receipts produced as mark "A", "B", "C" and "D" and amount of Rs.1,00,000 was proved to have been paid to Muhammad Usman the son of the respondent and according to the other documents i.e. D/1 to D/19 and copies of Books of Account the return of entire amount stands proved.
6. We have gone through the impugned judgment and find that High Court after considering entire documentary and oral evidence produced by the petitioner repelled his contentions. Learned counsel for the petitioner submitted that respondent had admitted signatures of his son on the receipts Mark "A" to "D", therefore, an amount of Rs.1,00,000 should be deducted from the decretal amount.
7. We are afraid the contention of the learned counsel has no force, for according to law admission by a party can be used as evidence of conclusive nature if the same was proved to be unqualified. The respondent was fair enough to admit the signatures of his son on these receipts but he further stated that the said signatures were obtained by the petitioner on blank paper and subsequently the payments mentioned therein related to price of cotton and wheat supplied by the respondent. We find from cross‑examination of the petitioner that apart from the amount which was obtained as loan the respondent admittedly had been supplying wheat and cotton to petitioner's mill in respect. of which payments were also to be made. The, petitioner admitted in his evidence that he had made payments of more than Rs.26,00,000 from which it can safely be concluded that apart from this loan transaction there was also business dealing between the parties and the respondent had been supplying wheat and cotton to the petitioner and payment used to be made, therefore, the said admission of the correctness of signatures of son of 'respondent was satisfactorily explained which has been rightly accepted, therefore, we are not inclined to interfere in the findings of fact recorded by Courts below which are based on correct, elaborate and careful appraisal of evidence. For the foregoing reasons the impugned judgment does not suffer from any illegality on account of misreading or non consideration of evidence, therefore, this petition is dismissed and leave refused. S.A.K./A‑147/S Leave refused.