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HAJI MUHAMMAD KAUSAR versus KHALID MEHMOOD


O VII, R 11 & O XXXVII, Rr 2 & 3 Appeal to the claimant to recover the amount on the basis of the suit check was filed under O VII, R 11, CPC, before which the plaintiff The claim was rejected at the request of. The defendant alleged in his lawsuit that he would not receive a contentious check without translating the accounts and would resort to legal proceedings to recover the money. The defendant alleged that the present case would be dismissed because the defendant had not submitted. The defendant himself admitted that in return for the payment of the check, he had delivered a car and net cash to the plaintiff and that only Rs 10,000 was paid to the plaintiff to pay at any time. Ready to do, from the defendant's version, it came to the point that the defendant had been admitted to pay the check because the trial proceedings in this case were obvious, in the circumstances and the defendant. After the claim of the defendant to prove the payment, the question of recovery of the accounts was lost, because the defendant Ali He himself knew of the amount in dispute, the petitioner's request to dismiss the case, any attempt to stop the proceeding of the case, would not be accepted.

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