Case Details

Citation(s)
1980 SLG 1618 1980 SLD 1618 1980 CLC 2092
Sindh High Court
Letters Patent Appeal No. 82 of 1970, 21/11/1979
ABDUL HAQEE KURESHI AND SAJJAD ALI SHAH, JJ

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Shabbir Hussain Asghar Ali

VS

Messrs Mian Khurshid Ahmed & Co. And 5 Other

Law:

Section:

Keywords: Terms Of The Contract, Disposed Of, Good Faith, Trial Court, Constitution, Publication, Defence, Subscription, Responsibility, Change, Provisions, Prevention, Third Party, Money, Exception, Unlawful, Impugned Judgment, Delivery, Copy, Contract, Third Parties, Payment, Intimation, Examination, Relief, Division, Books Of Accounts, Consent, Registered, Advertisement, Dismissal Of Suit, Recovery, Absolved From The Liability, Liabilities, Plea, Rebuttal, Practice, Inter Se, Cross-Examination, Trading, Records, Absence Of Documentary Evidence, Issuance, Notices, Power Of Attorney, Offer, Grounds, Agreements By Way Of Wager, Order, Claims, Retirement, Adequate, Liability, Proceedings, Receipt, Profits, Parties, Privy Council, Binding, Patent, Goods, Notice, Outstanding Amount, Maintain, Determination, Place, Costs, Evidence, Retirement, Certificate, Period, Remand, Recording, Chairman, Procedure Result: Appeal dismissed JUDGMENT SAJJAD ALI SHAH, J -This letters Patent Appeal is fled against the impugned judgment dated 31st March, 1970 of learned Single Judge of this Court, whereby Suit No. 80/1961 filed by Shabbir Hussain plaintiff/ appellant for recovery of Rs. 55,033.73 has been decreed against defendants/respondents for a sum of Rs. 20,385 with costs and interest at the rate of 6% per annum from the date of suit till the realization of capital amount. There were seven defendants, out of whom defendant No. 5 Mian Allah flux died at the fag-end of proceedings in the suit, as such the suit was not decreed against him and for that reason there are six respondents in this L.P.A. 'there is connected L.P.A. No. 88:70 arising from. The same judgment in which parties are same but has been filed by two Judgment-debtors. After hearing the learned advocates in both the appeals on 22nd October, 1.979 by art oral order we dismissed both the appeals with no order as to the costs and for reasons to be recorded subsequently which follow now. Brief facts giving rise to this L.P.A. No. 82/70 are that respondent No. 1 namely Mss Mian Khurshid Ahmed and Company is a firm registered with Karachi Cotton Association dealing with cotton business. Respondents 2 to 6 are stated to…
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