Law: Constitution of Pakistan, 1962

Section: 58

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 14th January 1960, in Civil Appeal No. 54/21 of 1955). (a) Banker and customer-Cash Credit Account-Suit by Bank for recovery of balance due from customer-Governed by Art. 64, Limitation Act, 1908-Limitation Act (IX of 1908), Art. 64. (b) Constitution of Pakistan (1962), Art. 58(2)(a)-Point never raised in any of Courts below-Cannot be allowed to be agitated before Supreme Court in appeal. Date of hearing : 1st April 1970. JUDGMENT M. R. KHAN, J.- This certificated appeal arises out of a suit for recovery of money. The suit was brought by the Lakshmi Commercial Bank Ltd. against Messrs Murli Mall Kapur & Company, a partnership firm of which Bhagwan Dass, Murli Mall Kapur and Ramsaran Kapur are the partners. These partners of the firm opened a Cash Credit Account with the plaintiff-bank on the 29th July 1946 up to a limit of rupees one lakh. The partners executed a promissory note on the said date in favour of the bank to the above extent. They also simultaneously executed an agreement. In pursuance of the promissory note and the agreement, the partners, who are hereinafter called "the defendants", started withdrawing money from the bank and making deposits from time .to time on the hypothecation of their stock of tobacco. As a result of accounting, a sum of Rs. 44613-3-0 was found due from the defendants on the 30th June 1947. In the suit, the plaintiff-bank claimed for the recovery of Rs. 45,765-6-9 including interest for the period from 30-6-1946 to 30-6-1950. The suit was brought on the 3rd July 1950. Murli Mall Kapur, one of the partners contested the suit denying liability for the amount claimed. He raised various pleas in his written statement. On the pleadings, as many as twelve issues were framed. The trial Court answered all the issues in favour of the plaintiff-bank and decreed the suit with interest on the decretal amount at 5 % per annum from the date of the institution of the suit up to the time of recovery of the amount. Murli Mall Kapur filed an appeal on the 20th June 1955 in the Court of the Judicial Commissioner of the…