Law:

Section:

The plaintiff has filed this suit for recovery of Rs.6,67,532.97, with interest thereon, in the following circumstances:   The case of the plaintiff is that the late Mian Fazal Ahmed. (the deceased), the predecessor of the defendants, had a mutual, open and current account with a branch of the plaintiff at New Jubilee Insurance House, I.I. Chundrigar Road, Karachi, that on the 29th June, 1972, a sum of   Rs.4,01,911.86 was due and payable by the deceased to the plaintiff and, in consideration for that sum, he executed a promissory not dated the 29th June, 1972. It is alleged that the deceased acknowledged his liability by letters dated the 8th January, 1974, and 18th March, 1974, and made p4rt payments as stated in para.5 of the plaint.   The defendants filed their written statement, and the following issues were framed do the 11th August, 1979 , by consent of the parties :   Whether the suit is barred by time?   Relief?   The plaintiff has examined Muhammad Younus and Anwar Javed Bhatti, whereas the defendants have examined Muneer Ahmed.   I have examined the record and heard the learned counsel for the parties and my findings on the issues are as follows:   Issue No. 1.---The promissory note dated the 29th June, 1972, is not in dispute. According to the deposition of Muhammad Younus (Exh.9) the deceased acknowledged his liability by letters dated January 8, 1974 (Exh.6) and March 18, 1974 (Exh.7) and made part payments on the 12th April, 1974 , 24th January, 1975, 12th August, 1975 and 4th November, 1975. He has produced a cheque dated the 19th October, 1973 (Exh.P.9/1). The defendants' witness has produced the cheque dated the 3 rd November, 1975 (Exh.ll/1).   The cheque dated the 19th October, 1973 Exh.P.9/1 was issued by Central Cotton Mills, Ltd. to the order of the deceased who, having signed a receipt, on the back of the cheque, acknowledging the receipt of the amount thereof, deposited it with the plaintiff; and as shown by endorsement on the reverse of the cheque, the amount thereof was credited to the account of the deceased. The question, therefore, is whether the payment so made is part payment…