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KHALIFA AZHAR MUMTAZ versus GHULAM AKBAR


Sections 72, 84 and 6 of the Civil Procedure Code (v. 1908), O XXXVII, Rr 1 and 2 for non-receipt of suit checks for payment of money; Recovery demanded that the plaintiff was dismissed by the plaintiff on the basis that the said check was never presented to the bank for payment, so there was no cause for action when the check was never presented for payment. In the light of Section 72, there was no refusal to pay the check by the drawer or bank under the Communications Equipment Act, 1881, read with section 84. Therefore, there is no reason for the claimant to take any action under the provisions of O XXXVII, the CPC check was payable only on demand and the cause of action arose only when If the claim was not denied, then the suit of the plaintiff was, therefore, a retaliatory appeal was not excluded

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