In The Court of District Judge

IN THE COURT OF DISTRICT JUDGE, LAHORE.
Civil Suit No.: _______of 2017
Shahid hussain bhatti S/o Abdul karim bhatti

R/o house no 08, green homes qasimabad____________________________________________ PLAINTIFF
Versus
Kamran Ali Bilali s/o Ali Ahmed Sheedi

R/O Ward no 1 sheedi mohalla Tando Bago
District Badin _______________________________________________________________DEFENDANT
SUIT FOR THE RECOVERY OF RS.1150000/- ALONG WITH COST AND INTEREST @ 24% UNDER ORDER
XXXVII OF THE CODE OF CIVIL PROCEDURE 1908.
Respectfully Sheweth :
1. That the present suit is being filed under the specific provisions under Order XXXVII of the Code of
Civil Procedure, 1908.
2. That succinctly stated facts giving rise to the filing of suit in hand are that the plaintiff is a retired
Operation Team Leader employee of UNITED ENERGY PETROLEUM INC; Plaintiff invested all his
savings in real estate and started sell and purchasing of flats and houses to gain profit.The
defendant in the year 2021 approached and offered Plaintiff to invest some amount in his real
estate agency, Plaintiff agreed on the following terms: as guarantee Kamran gave Plaintiff two
cheques and promised a flat in affordable price. The defendant issued the Cheque bearing No.
10056646 dated 17-5-2022 for the sum of Rs. 5,00000 and Cheque bearing No. 10056649 dated
17-5-2022 for the sum of Rs. 650,000/- drawn at BANK AL-HABIB , as guarantee payment against
Plaintiff investment.
3. That after few weeks Defendant took Plaintiff to visit the flat and had a sale agreement on stamp
paper with bearing no. 3019 , later on to mature the agreement and register the flat Plaintiff tried
to approach Defendant in all means, called him and visited his agency several times but every time
Plaintiff found it closed so as his cell phone. Defendant suspicious missing made Plaintiff doubtful
of his intentions so, Plaintiff went to inquire about the owner of the flat which Defendant showed
to Plaintiff and claimed that flat is his which turns out not his. Since the day he neither
approaching and disappeared and not coming in touch with me or responding my calls.
4.
3.
3. That the plaintiff presented the cheque through his own bankers, ie; __, but the same was returned
unpaid, on __ with the endorsement of insufficiency of funds in the account of the defendant as per the
remarks of the banker of the defendant.
4. That other necessary particulars are as under for the convenience of this Hon'ble court:-
(a) Date of cheque : _______
[b] Date of presentation : _______ of Cheque before the Bank (within 6 months from __)
[c] Date of dishonour of Cheque : _______
[d] Date of receipt of Memo of : _______ of dishonour of cheque
[e] Date of sending of Notice : _______ (within 30 days from __)
[f] Date of service of Notice : _______
[g] Date when cause of action : _______ arose (15 days after service on __)
5. That the defendant has apparently issued the cheque without caring to ensure adequate funds and
knowing fully well with the ulterior motive to cheat the plaintiff.
6. The memo to that effect was duly communicated to the plaintiff by its banker on __.
7. That the said cheque drawn by the defendant on an account maintained by him with the above
banker for payment of the amount of money to the plaintiff from out of that account was issued for the
discharge of the above said debt/liability.
8. the said cheque has been returned by the bank unpaid, because of the amount of money standing to
the credit of account of the defendant is insufficient to honour the cheque or that it exceeds amount
arranged to be paid from that account by an agreement made with that bank.
9. the cheque has been presented to the bank within a period of six months from the date on which it is
drawn ie; on __.
10. That the plaintiff in due course of the cheque, has made a demand for the payment of the said
amount of money by giving a notice in writing to the defendant within statutory period of thirty days of
the receipt of information by him from the bank regarding return of the cheque as unpaid. The said
notice was sent on the correct address of the defendant through a Registered/AD letter as well as
through TCS on __ and the aid ristered letter has been received back with the endorsement
"Unclaimed", as is evident from the endorsement of post office seal on the it which legally is presumed
to have been served as otherwise also the TC has not been received back and the same has been duly
delivered to the defendant.
11. That the defendant has failed to make the payment of the amount of money to the plaintiff in due
course of the cheque within fifteen days of the receipt of the said notice.
12. That it is pertinent to mention here that the debt/liability, for which the cheque was issued by the
defendant to the plaintiff is a legally enforceable debt/liability.
13. the cause of action accrued to the plaintiff on __, when the cheque was dishonoured and thereafter
on __ when the legal notice was sent to the defendant through Registered letter and UPC.
14. That the plaintiff is permanently residing within the jurisdiction of this Hon'ble court and all the
correspondence from the defendants were received at his home address and the office/residence of the
defendant is located in the territory of this Hon'ble Court, hence this Hon'ble Court has each and every
jurisdiction to try and entertain this suit.
15. That the value of the suit for the purposes of jurisdiction has been fixed for Rs. __/- and for the
purposes of recovery and correct and authorized court fee stamp of Rs. __ has been affixed on the
plaint.
PRAYER
It is, therefore, most respectfully prayed that a decree for recovery to the effect that plaintiff is entitled
to recover a sum of Rs. __/- along with interest @ 24% wef __ till the date of realisation of amount along
with cost of this suit, be passed in favour of plaintiff and against the defendants. Such other reliefs as
deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the
plaintiff and against the defendants in the interest of justice.
PLAINTIFFS
Through
Zeeshan Ahmad Malik

Advocate High Court
THE LEGAL MENTORS
66/3 Hajvery Complex
2-Mozang Road
Lahore
VERIFICATION:
Verified on Oath at Lahore on this ____ day of ____2017 that the contents of Paras No. 1 to 12 are
correct to the best of our knowledge and those of paras No. 13,14 & 15 are correct to the best of our
belief.
PLAINTIFF

In The Court of District Judge

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In The Court of District Judge

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IN THE COURT OF DISTRICT JUDGE, LAHORE.

Civil Suit No.: _______of 2017

Shahid hussain bhatti S/o Abdul karim bhatti

Kamran Ali Bilali s/o Ali Ahmed Sheedi

(a) Date of cheque : _______

[c] Date of dishonour of Cheque : _______

[d] Date of receipt of Memo of : _______ of dishonour of cheque

[e] Date of sending of Notice : _____ (within 30 days from )

[f] Date of service of Notice : _______

Zeeshan Ahmad Malik

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