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


Asked on 6/06/11, 11:26 pm

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.

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Answered on 6/24/11, 6:24 am


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