YOUSUF JAMEEL versus ADDL. DISTRICT JUDGE, DERA GHAZI KHAN
O XXI, R 2 and O XXXVII, Rr 1 & 2 negotiable instruments Act (XXVI of 1881), Article 4 Constitution of Pakistan (1973), Article 199 Constitutional Petition presents the case for the receipt of note Judicial evidence from the plaintiff. Outside of the payment of the deciding amount / case against the defendant / plaintiff, the court claimed in favor of the plaintiff on the basis of the case being litigated in favor of the plaintiff. There was a consensus between the two parties that the defendant / applicant would pay the plaintiff / applicant up to a specified date, and in the event of the failure of the defendant to pay the unpaid amount, the plaintiff executes the free amount. Will be free to enter action. For the sake of the defendant / decision, the defendant, on the failure to pay the statutory sum, the plaintiff filed a petition from the trial court's plaintiff before the trial court stating that he had sent the plaintiff through two checks. The critical amount was paid, therefore, the execution was misunderstood. The petitioner's request for a hearing on behalf of the parties was dismissed after the record of the case and evidence from the parties to the receipt of any money from the plaintiff's trial court / enforcement court was reviewed by the plaintiff before the lower appellate court. Was also excluded Settlement in the settlement agreement between the parties to the settlement. OXXI, R 2, for payment of out-of-court payments did not comply with the terms in CPC. Therefore, he could not prove before the court that the plaintiff's checks had been paid in lieu of which the money was allegedly paid, had not been crossed, nor was he special.
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