Qazi Zahid

IN THE COURT OF LEARNED DISTRICT JUDGE, MULTAN.

Civil Suit No. ___________/2002

Qazi Zahid Hussain S/o Abdul Qayyum, caste Rajput, R/o H. No. 86-A/13X, Gali Qazianwali, Mohallah Amirabad, Multan. PLAINTIFF VERSUS Niaz Ahmad S/o Muhammad Ramzan, caste Mughal, R/o H. No. 888/92, Mohallah Usman Abad, Multan. DEFENDANT

Suit under order xxxvii, rule 2-3 C.P.C. for recovery of Rs. 24,000/- on the bases of Pronote.

Respectfully Sheweth: The plaintiff submits as under: 1.

That the relations in between the parties were cordial and intimate, the defendant in view of this close intimacy, borrowed a sum of Rs. 24,000/- on 15.7.1997 from the plaintiff in order to start his business. The plaintiff obliged him and paid Rs. 24,000/- in the presence of witnesses and the defendant on that very day executed a pronote and a receipt in

favour of the plaintiff, copy whereof is attached herewith for kind perusal of this Hon’ble Court. Original pronote and receipt will be produced at the time of recording evidence. 2.

That the defendant at the time of executing pronote and receipt, promised that whenever the plaintiff would demand, he would return/repay the borrowed amount of Rs. 24,000/- to the plaintiff.

3.

That previously the plaintiff filed a suit, but the defendant assured that he would pay the borrowed amount, on which the plaintiff did not pursue the suit, which was dismissed due to non-deposit of process fee. But till today the defendant did not pay a single penny to plaintiff and using dilly-dally tactics. Hence, this fresh suit is being filed because previous suit was not decided on merits as required by law.

4.

That the defendant has been asked time and again for return of the borrowed amount of Rs. 24,000/- to the plaintiff but the defendant by using dilly dally tactics a week ago flatly refused to acceded to the request of the plaintiff. Hence, this suit.

5.

That the cause of action accrued to the plaintiff against the defendant a week back from the flat refusal of the defendant to pay the borrowed amount.

6.

That the parties reside in Multan, cause of action accrued to the plaintiff against the defendant in Multan, the disputed amount was also paid in Multan and pronote and receipt were also paid in Multan, therefore, this Hon’ble Court has got jurisdiction to try the suit.

7.

That the value of suit for the purpose of court fee and jurisdiction is fixed at Rs. 24,000/-.

In the light of above respectful submissions, it is humbly prayed that this suit of the plaintiff of the recovery of Rs. 24,000/- as envisage by order xxxvii, rules 2-3 C.P.C. may graciously be decreed in favour of the plaintiff against the defendant with cost. Humble Plaintiff, Dated: _______ (Qazi Zahid Hussain)

Through: Aimer Asia Qazi, Advocate High Court, 123-District Courts, Multan.

Verification: Verified on oath at Multan this 6th day of July 2002 that all the contents of the above-titled suit are true and correct to the best of my knowledge and belief. Plaintiff