Law:

Section:

Constitution of Pakistan (1973).--- Art. 185(3)-Sale of Goods Act (III of 1930), S. 61 read with Interest Act (XXXII of 1839), Contract Act (1X of 1872), S. 73 and Civil Procedure Code (V of 1908), S. 34-Interest on contracted price of goods-Seller can only recover interest when he is in position to recover price of goods-Seller suing only for damages for breach of contract-Held, not entitled to interest under provisions of S. 61(2) of Sales of Goods Act, 1930-Respondents supplying goods to petitioner on specific dates-Courts below, after discussing accounts and other relevant documents, coming to conclusion that petitioner was entitled to receive profit on rates mentioned in plaints-Leave refused. Messrs Haji M. Muhammad Zakaria & Co. v. Province of West Pakistan P L D 1964 (W. P.) Kar. 250 and Edupuganti Pitchayya and others v. Gonuguntla Venkata Runga Row A I R 1944 Mad. 243 cited but not examined. A I R 1938 P C 67 distinguished. M. Sirajul Haq, Advocate Supreme Court and M. Afzal Siddiqui, Advo­cate-on-Record for Petitioners. M. Yunus Shah, Advocate Supreme Court and M. Qasim Imam Advocate­-on-Record for Respondent No. 1 (in C. P. L. As. Nos. 49, 51 and 52 of 1983). Date of hearing: 11th February, 1984. ORDER MIAN BURHANUDDIN KHAN, J.-The aforementioned Civil Petitions for leave to appeal are directed against judgments and orders of the learned Peshawar High Court, all dated 15-2-1983 passed in Regular First Appeals Nos. 22, 23, 30, 213 and 214 of 1979. This order will dispose all those five C. P. L. As. as the facts of these petitions are identical. 2. Briefly stated the facts are that petitioner is a Limited Company (Mill) named and styled as Swat Corn Products Limited; while the respondents are food grain merchants with their seats of business at Par Hoti, Mardan. It is alleged that they supplied malzo corn to the petitioner Mill from time to time but have not been paid the entire sale amount and as such they were forced to seek their claims by filing civil suits in the Court of the learned Senior Civil Judge, Malakand at Batkhela. The petitioner contested the clams of the respondents and raised various pleas in their defence. Before any evidence…

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