Legal Question in Civil Litigation in Pakistan

My question was following:

What's the value of a pronote without stamps on it? Can a civil case under order 37 of CPC be iniated on the basis of such a pronote without stamps on it? Also a signature of the payee is required on those stamps or not?

I got the following reply from an attorney muhammad ahmad:

"well you have to prove that it(the pro note) has been issued by him/her, mere technicality should not be a hurdle in delivering justice thts the farmula."

Now my question is that if this technicality is mandatory or not, or is it just an irregularity or is it an illegality?

A civil judge said to me that a pronote without stamps on it is just a piece of paper with no value of whatsoever. Is this true or not? He further said that if a pronote when issued was without stamps, and then later on when suit was filed under order 37 of CPC, the complainant put stamps on it for the purpose of filing the suit, then it means he committed forgery.

Now what's your opinion on this matter?

Thanks.

1 Answer from Attorneys

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