Law:

Section:

Qanun-e-Shahadat (10 of 1984)----- -----Arts. 72 & 130----- Suit for recovery of money----- Documentary evidence----- Fact not cross-examined----- Plaintiff filed suit for recovery of money on the allegation that defendant failed to render Reserve Stock Accounts in respect of rice stock and Bardana (bags) in terms of agreement between parties----- Validity----- Infirmity in deposition of witness of plaintiff was not of that degree which could result in dismissal of plaintiff's claim----- Such part of testimony of plaintiff's witness was diluted in presence of unchallenged documentary evidence----- Position would have been different and to the detriment of plaintiff, if undisputed documentary evidence were not there particularly the contract and final statement of inventory, besides admission of defendant's witness in his cross-examination----- Contradiction in written statement and affidavit in evidence of defendant's witness went against defendant----- Plaintiff made claim of Rs.3,61,30,050,08/- as cost of rice stocks and gunny bags found short and/or unaccounted for, which had been converted into monetary terms by pegging the cost of unaccounted for stock to export price of rice prevalent at that time----- Such assertion as contained in plaint as well as in affidavit in evidence was not disputed by defendant nor plaintiff's witness was specifically cross-examined on such material part of his evidence and the same stood proved against defendant----- Suit was decree in circumstances. Messrs Mastersons v. Messrs Ebrahim Enterprises and another 1988 CLC 1381; Muhammad Nawaz alias Nawaza and others v. Member Judicial Board of Revenue and others 2014 SCMR 914; Mst. Ghazala Yasmeen and others v. Sarfraz Khan Durrani 2013 CLC 1406; PLD 1996 Kar. 210; Hyder Ali Bhimji v. VIth Additional District Judge, Karachi (South) and another 2012 SCMR 254 and 1991 SCMR 2300 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:----------- The Rice Export Corporation of Pakistan Limited, the predecessor-in-interest of the present Plaintiff, that is, the Trading Corporation of Pakistan Limited ("TCP"), a public sector company, has filed the present suit for…

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