2019 YLR 2464 Summary Suit on the Basis of Pronote Order 37 Rule 2
Order 37 Rule 2 of CPC…Qanun-e-Shahadat…Article 17&79…Summary suit on the basis of pronote…Document, proof of …Procedure… Plaintiff produced scribe of documents and one marginal witness of the pronote…Trial Court dismissed the suit filed by the plaintiff…Validity…Plaintiff had filed to prove the execution of pronote and payment of load…Testimony of scribe and sole marginal witness examined by the plaintiff was devoid of confidence…No explanation had been given for not producing the second marginal witness of the pronote…Evidence produced by the plaintiff was not sufficient to discharge the onus with regard to proof of execution of alleged pronote…Plaintiff had produced photocopy of pronote without following the procedure for producing secondary evidence which rendered the same devoid of evidence…Impugned judgment was based on proper appreciation of evidence…Appeal was dismissed in circumstances
Main Ingredients of Judgment:-
1.Order 37 Rule 2 CPC
2.Qanun-e-Sahadat Article 17 & 79
3.Summary suit on the basis of Pronote
4.Execution of pronote and payment of loan
5.Testimony of scribe and sole marginal witness
6.Devoid of confidence
7.Proof of execution of alleged pronote
8.Secondary evidence
CH MUHAMMAD SHAHID BHALLI
Advocate High Court
Mob: 0301-6001125
Chamber No. 3 First Floor Adnan Center,
Model Town Link Road Lahore
Summary Suit on the Basis of Pronote Order 37 Rule 2 2019 YLR 2464
