Legal Question in Civil Litigation in Pakistan
Kindly help me to know what all are required for suit under OO 37 CPC?
a. Is original or photocopies of teh cheques and the bank memo must. (In may case these
were handed over to the police with FIR under 489-F and donot have even a photcopy now)
b. Are teh witness from bank sufficient or I should produce otehr witnessess to testify that I
had given money to the person who in return issued cheques to me?
c. Is a "IQRAR NAMA" signed by my opponent on Rs 100 Stamp Paper signed Notary public
and two of his witnesses and also signed by me a valid document of evidence or the
opponent can deny it in any way?
d. Is any such stance by my opponent that the money was for business on profit and loss
sharing and therfore it cannot be contested under O 37 or by other court is valid? Does this
weakens my case in any way?
e. If it is proved that my opponent has a false suit against, will it halp me substantially?
Thanks
1 Answer from Attorneys
case under Order 37 is maintain able only on a negotiable instrument like cheque or promissory note etc and not on Iqrar nama etc.
you can file a suit on copies and later at the stage of evidence you will have to provide the original or at evidence explain that you dont have the original etc.,
thirdly.. why dont you get the original cheque from the police ? there is no problem in that.
Related Questions & Answers
-
I gave money to a person on three occasions for business and he kept on giving me... Asked 5/04/11, 10:20 am in Pakistan General Civil Litigation