130/2011 Suit.B NIB BANK LIMITED (Plaintiff) V/S TANVEER COTTON MILLS (PVT) LTD (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 02-NOV-16
No doubt the documents attached with the replication cures the defect as originally existing in the statement of account available at pages 277 onwards however such document attached with the replication cannot be replied or rebutted. At the most it could be considered as a document curing the defect existing in the earlier document but on this defect and deficiency a leave application cannot be out rightly dismissed since the claim of the plaintiff is based on statement of account which is not in accordance with subsection 8 of Section 2 of Bankers Books Evidence Act, 1891. In such a situation an opportunity ought to have been provided to the defendant to defend the suit which is not based on proper statement of account. The presumption of truth cannot be said to be attached to this Statement of Account. Even if it is a computer generated statement it is being fed by human being therefore in my view even such Statement of Account for the purposes of deciding the claim ought to have been certified in the same manner. Advocates: Ijaz Ahmed Zahid(ADVO-11135-SBC-KHI),Shahid Ikram Siddiqui(),Muhammad Shahzad(ADVO-46494-PBC-LHR),Muhammad Ramzan(ADVO-16716-SBC-KHS),Ahmed Mujtaba(ADVO-20757-SBC-KHS)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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