Muhammad Hafeez, etc vs Mst. Shabnam Sharif
This matter originated from a petition challenging the validity of a summary suit filed under Order XXXVII of the Code of Civil Procedure 1908, based on a promissory note. The core legal question was whether a promissory note lacking the requisite adhesive stamps could sustain a summary suit. Upon inspection of the original record, the Supreme Court confirmed that the promissory note in question did not bear the necessary adhesive stamps. Consequently, the Court held that the summary procedure was inapplicable. The Court allowed the appeal, set aside the impugned judgments of the High Court and the Trial Court, and directed that the suit be treated as a regular civil suit rather than a summary suit. The matter was remanded to a court of competent jurisdiction to be decided according to ordinary civil procedure, with instructions to expedite the proceedings given the age of the litigation. The judgment reaffirms that the absence of mandatory stamp duty on a promissory note precludes its enforcement through summary proceedings under Order XXXVII.
- Can a summary suit under Order XXXVII of the Code of Civil Procedure 1908 be maintained on a promissory note that lacks adhesive stamps?
- What is the procedural consequence when a promissory note forming the basis of a summary suit is found to be unstamped?
- Order XXXVII, Code of Civil Procedure 1908
ORDER
1. ' KHILJI ARIF HUSSAIN, J. --- When this matter was taken up yesterday i.e. 21.07.2011, the learned counsel for the respondent in reply to our query whether the promissory note bears adhesive stamps, stressed that if the promissory note do not bear adhesive stamps, he will have no objection to getting aside of the impugned order of the High Court as well as that of the Trial Court for this reason alone. In this view of the matter, we called for original record of the case for today's hearing, which is now before us; a perusal whereof reveals that the promissory note do not bear the adhesive stamps. This promissory note at the best is an acknowledgement of the amount, if any, received by the petitioner.
2. ' In above view of the matter, this petition is converted into appeal and allowed; consequently, the impugned judgment passed by the learned High Court as well as that of the Trial Court are set aside. However, the suit filed by the petitioners under Order XXXVII, C.P.C. Is directed to be treated as pending cause, which shall be transferred to the Court of competent jurisdiction for decision of the same as civil suit, following the ordinary procedure and not summary procedure under Order XXXVII, C.P.C. Since the suit was filed in the year 2005, the Trial Court seized of the matter shall expedite the proceedings and decide the same preferably on an early date. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.