Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.VII, R.2---Suit for recovery of money and damages---Proof---Plaintiff was maintaining her account with defendant Bank and her grievance was that in January 1991, she had remitted a sum of USD 40,000/- from abroad in her Bank account but it was illegally debited from her account---Bank admitted the transaction in the account of plaintiff and asserted that on instructions of plaintiff the amount was converted into Dollar Bearer Certificates---Validity---Normally, banking transactions for withdrawal from account were carried by way of cheque and the same was obtained from a customer titled as cash or favouring the Bank---No bar existed that only a cheque could be utilized for withdrawal, as a cheque was also instruction of payment /withdrawal---Where such normal course was disturbed and despite such deviation bank was to be more careful in handling the transaction---Plaintiff had not authorized the Bank through a letter and plaintiff was found entitled to recovery of USD 40,000/- from the Bank---Withdrawal transaction shown to the debit of plaintiff could not be entertained and the same was to be reversed---High Court directed that plaintiff was entitled to recover current value of USD 40,000/- in Pakistan Rupees---Plaintiff failed to bring forward any evidence to establish claimed damages/compensation of Rs.20,00,000/- and profit as available at saving Bank rate to cover element of loss of non-utilization for which no evidence was required---Decree at the current rate of USD covered element of depreciation as the same was considered to be a stable currency---Suit was decreed accordingly. Muhammad Yar v. Muhammad Amin 2013 SCMR 464; Imtiaz Ahmed Mahmood v. Federal Board of Intermediate and Secondary Education Islamabad PLD 2003 SC 40; Giorgio Beverly Hills Inc. v. Colgate Palmolive Pakistan Ltd. 1999 MLD 3173 and Lithunian Airlines v. Bhoja Airlines (Pvt.) Ltd. and others 2004 CLC 544 ref. THIS JUDGMENT DELIVERED BY: MAHMOOD AHMED KHAN, J.- The plaintiff since has filed this suit for recovery and damages. 2. The case as made out by the Plaintiff, in abbreviation and with the required details, is that the Plaintiff was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492