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Civil Procedure Code (V of 1908)----Ss. 34 & 35(3) read with Interests Act (XXXII of 1939), S. 34-Money suit-interest Plaintiff entitled to interest from date of demand notice given to, defendant prior to filing of suit and thereafter for period the suit remains pending. P. D. Ramchandani, Advocate Supreme Court for Appellants. S. M. Nurul Hassan, Advocate Supreme Court instructed by Shafiq Ahmad, Attorney for Respondents. Date of hearing : 12th May 1969. JUDGMENT ABDUS SATTAR, J.-These two certificated appeals are directed against a judgment passed by a Division Bench of the ­High Court of West Pakistan, Karachi Bench, reversing the judgment of a learned Single Judge who dismissed on the ground of limitation two suits filed by the present appellants, on the original side. The facts relevant for the disposal of the appeals may be v stated shortly. The appellants of Civil Appeal No. K-35 of 1965, filed Suit No. 298 of 1952 for recovery of Rs. 43,347 on account of damages for breach of a contract relating to the construction of two-roomed quarters for peons at Clayton Road, entered into by them and the former Province of Sind on the 26th June 1947. After the suit was filed, two payments were received by the appellants, reducing their claim by Rs. 23,960. The claim of the appellants, therefore, stood at Rs. 19,386,15. The appellants of Civil Appeal No. K-36 of 1965, filed Suit No. 301 of 1952 for recovery of Rs. 23,838-14-0 on the basis of a contract for the construction of two-roomed quarters for peons at Clayton Road, entered into by them with the former province of Sind on the 28th July 1947. After the suit was filed in this case also two payments were received on account of which the claim was reduced by Rs. 5,892 leaving of balance of Rs. 17,946-14-0. The suits were contested by the Province of West Pakistan on the ground, inter alia, that they were barred by limitation. The learned Single Judge held that both the suits were barred by time. He, therefore, dismissed them without determining the issues with regard to their merits. The appellants preferred Letters Patent Appeals against the judgment and decrees of the learned Single Judge. The learned Judges…

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