Case Details

Citation(s)
1993 SLG 840 1993 SLD 840 1993 CLC 1229
Sindh High Court

ABDUL RAHIM KAZI, J
Hamza I. Ali for Plaintiffs. Nemo for Defendants

Messrs SAUDAGAR ICE FACTORY--Plaintiffs

VS

ZULFIQAR and others----Defendants

Law:

Section:

Civil Procedure Code (V of 1908)--- ----OXXXVII, Rr. 1 & 2---Suit for recovery of amount outstanding on promissory note---Defendants filing written statement in denial of plaintiffs claim---Defendants remaining absent after framing of issues---Plaintiffs filing affidavit-in-evidence in support of their claim as also giving up claim against one of the defendants---Plaintiffs had claimed specified amount against main defendant---There being no denial of plaintiffs claim nor any evidence having been brought on record by defendants, suit of plaintiff was decreed in the sum of specified amount with interest from date of suit till payment. JUDGMENT This suit has been filed by the plaintiffs for the following reliefs:- (a) that the defendant No.1do make over and deliver the Saudagar Ice Factory situated at Plot No.LY-I (AL-1-155-2/1 C/P) opposite Madina Masjid, Chelaram Dhaloomal Road, Near Khadda Fish Market, Karachi with all machinery fixtures, tools spare harts etc. as per list "A" annexed to the Agreement of 1-9-1974 in good order and condition making compensation to the plaintiffs for any items of machinery etc. unreasonably damaged or missing; (b) that the defendant No.1do pay to the plaintiffs, the sum of Rs.1,900 at Rs.100 per day from Ist. June, 1975 up to date of suit and further mesne profits from date of suit till possession is obtained by the plaintiffs at the same rate; (c) that the defendant No.1do pay to the plaintiffs the sum of Rs.9,500 in respect of the promissory note dated 13th September, 1974, with interest on the said amount at 6% per annum from the date of suit till payment; (d) that the defendant No.1do pay to the plaintiffs the sum of Rs.18,812.63 being the compensation charges and electricity charges with interest thereon at 6% from date of suit till payment; (e) for a declaration that the plaintiffs arc not liable for any charges or obligation whatsoever to the defendant No.2 in respect of the power supply to the factor from Ist June, 1975; (I) for an injunction restraining the defendant No.2 from continuing supply of electricity to the- factory; (g) for an injunction restraining the defendant No.1from using the electric connection for…
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