10/2024 R.A (Civil Revision) Arslan Habib Buriro (Applicant) V/S Rustam Ali Tunio (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
Order Date: 19-FEB-24
After the recording of evidence, the trial court was operating in the second stage of the summary suit and had to dig deeper into the evidence to decide the suit. The evidence brought on record required greater scrutiny, and the threshold of the burden of proof was on a higher pedestal based on the general principles of the law of evidence. Yet the trial court decided against the applicant/defendant on the assumption that the production of the cheque was sufficient and/or no further proof was required as the cheque was a negotiable instrument. This may be one of the considerations in deciding an application for leave to defend, but it was not proper for the trial court to overlook the circumstantial evidence produced by the applicant-defendant-Arslan Buriro and available in the suit file surrounding the alleged loan and the cheque issuance. Revision against the Execution allowed.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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