SHAIKH JABBAR Versus ABAD MUHAMMAD QURESHI

This is a suit for recovery of Rs. 10,33, 083.60 under Order XXXVII C.P.C.

2. Case of the plaintiff is that on 30‑4‑1987 the plaintiff had given a friendly loan of Rs. 10,00,000 to the defendant and the defendant executed an agreement. He also executed Pro‑note for the repayment of the said loan. He agreed to repay the above amount of loan in 7 instalments and issued 7 post‑dated cheques vide details given in Para 3 of the plaint. The plaintiff presented these cheques to the bankers of the defendant but the same were dishonoured. Hence this suit.

3. The defendant was served with summons. He has chosen to remain absent in spite of service. He has not filed any application to defend the suit within the prescribed period. Hence the suit has been fixed for final disposal. Today also there is no appearance for the defendant.

4. The plaint is verified on solemn affirmation and is accompanied by photo copies of the agreement, pro‑note,‑ cheques, notices, registration receipt, acknowledgment due and the advices of the bank.

5. The plaintiffs counsel Mr. Rasheed A. Rizvi is present. He Las produced the original of all these documents for the perusal of Court. The same have been compared and have been returned to the plaintiffs counsel.

6. The above evidence of the plaintiff has gone unchallenged and unrebutted. I am satisfied about the claim of the plaintiff. I therefore, decree plaintiffs suit for a sum of Rs. 10,33,083.60. I also allow interest at the rate of 8% per annum from the date of the suit till realization of the decretal amount. The costs of the suit shall also be borne by the defendant.