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2008 CLC 618

SAJJAD ASLAM GONDAL vs Messrs GONDAL TEXTILE through Chief Executive

Citation2008 CLC 618
CourtSindh High Court
Case No.Suit No,Nil and C.M.As. Nos.1681 to 1684 of 2008
Date2008-03-03
Judge(s)Nadeem Azhar Siddiqui
ResultOrder accordingly

ORDER

1. ' NADEEM AZHAR SIDDIQI, J.--- 1. Granted.

2. The office has raised objection that the suit is not covered under the law of Negotiable Instruments Act/summary chapter and cannot be filed.

2. ' Learned counsel for the plaintiff refers to the document dated 20-2-2006 appearing at page 49 of the file and submits that this is a promissory note and on this basis the suit under summary chapter can be filed. The learned counsel further referred to section 4 of the Negotiable Instruments Act and submits that this document fulfilled all the requirement of a promissory note.

3. ' I have heard the learned counsel for the plaintiff and perused the document.

4. 'From the reading of above section it appears that the essential ingredients of a promissory note are that the same is in writing, there may be an unconditional undertaking to pay the amount, there should be a certain sum of money and that the payment should be made at a fixed or determinable future time on demand. From the perusal of the documents it appears that all the above essential ingredients are lacking in the document. The said document cannot be equated with a promissory note.

5. ' In view of the above, the office objection No,(i) is upheld. The learned counsel for the plaintiff is required to file amended title of the suit correcting the provision of law. After submission of the amended title the office may register the suit as long cause suit.

6. ' 3 to 5. Deferred to be taken up after filing of the amended title.

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