Ex-parte Judgment in a Suit for Recovery

Tajammal Hussain. VERSUS. Muhammad Hussain.

                                 Civil suit No.10/ADJ-I/2016.
            Date of Institution: 09.01.2016.
            Date of Decision:… .14.04.2017.

SUIT FOR RECOVERY OF RS.50,000/- ON THE BASIS OF PRONOTE AND RECEIPT PRONOTE DATED 25.05.2011

JUDGMENT.

Facts in brief as enunciated in the plaint are that plaintiff is resident of Chak No85/D, Tehsil and District, Pakpattan. According to the contents of plaint there were cordial relations between the parties. In this background defendant demanded Rs.50,000/- from plaintiff, for his personal need, whereof on 25.05.2011 plaintiff paid him Rs.50,000/- , in presence of witnesses namely Muhammad Farooq and Asif Iqbal. In response defendant got executed pronote and receipt pronote dated 25.05.2011, in presence of witnesses, as regards to receipt of amount. Defendant promised to return amount to plaintiff after one month. However, as per promise, when defendant did not return Rs.50,000/- to plaintiff, he approached the defendant through above said witnesses and demanded the same. Defendant admitted receiving of amount Rs.50,000/- from plaintiff and execution of pronote and receipt pronote. It is further maintained that defendant was asked time and again to pay the disputed amount but he refused to return the amount. Hence, this suit.

1. The defendant did not put appearance despite issuance of a proclamation in the newspaper as well as adopting other Modes of service, so he was proceed ex-parte vide order dated 17.01.2017. Therefore, the plaintiff was asked to produce his ex-parte evidence.
2. In ex-parte evidence, the plaintiff has produced his own affidavit as well as affidavit of Asif Iqbal, marginal witness. The plaintiff has also tendered original pronote and its receipt as Ex.PA and Ex.PB in his ex-parte evidence. The plaintiff while producing the affidavits, affirmed the contents of plaint. He has unequivocally stated that he advanced a loan of Rs.50,000/- to defendant, who executed pronote and receipt pronote dated 25.05.2011 and defendant has not returned the suit amount. Asif Iqbal and Muhammad Farooq are the witnesses, in whose presence defendant received the disputed amount. They have supported the version of plaintiff that in their presence defendant asked for a loan and plaintiff gave him Rs.50,000/- and defendant executed pronote and receipt pronote Ex.PA and Ex.PB.
3. There is nothing on record in rebuttal. From the ex-parte documentary evidence, the plaintiff has made out his case that a loan of Rs.50,000/- was given to defendant, which is yet outstanding against him. Accordingly, plaintiff is entitled to a decree as prayed for. Consequently, instant suit stands decreed ex-parte in favour of plaintiff and against defendant, with costs. A decree sheet shall be drawn up accordingly. File be consigned to the record room after necessary completion.