ROZI KHAN BARRECH, J.----Facts of the case are that Matiullah (respondent in RFA No. 33 of 2018) son of Abdul Hayi filed a Civil Suit No. 05 of 2012 against Roohullah (appellant in RFA No. 33 of 2018) under Order XXXVII, Rule 2, C.P.C., for recovery of an amount of Rs.700,000/- along with profit at prevailing Bank Rates before the learned District Judge Quetta, which was transmitted to the file of Additional District Judge-I, Quetta ("trial court") on the ground that the appellant availed a loan of Rs.700,000/- from the respondent in the year 2009 with promise to return the same after one and a half months; that after the expiry of the said term when the respondent approached the appellant for return of the loan amount the appellant handed over two cheques of Askari Bank Jinnah Road Branch Quetta to him bearing No. 6139859 dated 05.09.2009 amounting to Rs.500,000/- and No.6139860 dated 20.11.2009 amountin g to Rs.200,000/- (hereinafter the "disputed cheques"), however on depositing the disputed cheques in the account of the appellant the same were returned/dishonored with the memo slips of insuf ficient amount in the account of the appellant. Therefore, the suit in terms of Order XXXVII, Rule 2, C.P.C., was filed by the respondent seeking relief in the following terms: "It is therefore respectfully prayed that the suit of plaintiff may kindly be decreed in favor of plaintiff against the defendant and defendant be directed to pay/return the loan amount Rs.700,000/- (seven lacs only) along with profit at prevailing bank rate ad cost of the suit may also be awarded, in the interest of justice."
2. After admission of the suit and issuance of the summons to the appellant and subsequently service upon him the appellant contested the suit seeking leave of the court to defend the suit in terms of order dated 11.11.2010 taking the plea that the suit filed by the respondent was not maintainable and no cause of action arose to him. The appellant in his defense had contended that no loan was obtained from the respondent nor any amount of the respondent was due against the appellant. He criticized the cheque that the said cheques were handed over to one Matiullah son of Juma Khan and the appellant dealing with the business