There are certain presumptions attached to the same in terms of Section 118 of the Negotiable Instruments Act, in a suit for recovery on the basis of a negotiable instrument, as to the passing of consideration, date, time etc., which though is rebuttable by leading evidence by the defendant.

The defendant, in the suit, by setting up a probable defence can counter the said legal presumption as regards the date and time of execution and also the consideration by leading unimpeachable and confidence inspiring evidence or circumstances of the case. Under Article 129 of the Qanun-eShahdat Order, 1984, the Courts are empowered to entertain the presumption of certain facts to have happened in the common course of natural events and human conduct.

RFA No.1181 of 2016
Abdul Ghaffar Versus Muhammad Iqbal
Date of Hearing: 05.03.2024