Law:

Section:

Civil Procedure Code (V of 1908)-------O.VII, R.2---Law Reforms Ordinance (XII of 1972), S.3---Money suit---Recovery---Joint liability---Proof---Suit was filed by plaintiff-Bank against his borrower and godown owner with whom stocks of the borrower were pledged---Borrower committed default of the loan and bank auctioned stocks of the borrower---Grievance of bank was that owner of godown failed to deliver full quantity of stocks pledged with him, therefore, bank suffered loss which was sought to be recovered from the borrower as well as from the owner of the godown jointly---Trial Court decreed the suit in favour of bank only against the borrower only---Plea raised by bank was that both the defendants were jointly responsible for the loss caused to the bank, therefore, suit should have been decreed against both the defendants jointly---Validity---Trial Court did not appraise the evidence in its true perspective and wrongly found that there was no privity of contract between plaintiff-Bank and owner of the godown---If there was no privity of contract between plaintiff-Bank and owner of godown, the owner could not be absolved from the responsibility of keeping of particular quantity of the stock at his godown and its return in the manner in which it was kept in his godown to the bank or its nominee---If any shortfall had occurred the owner of godown was responsible for such shortfall and was liable to pay the loss and damages caused to the stock kept by him in his godown-Owner of godown could not be let free in case of any loss or shortfall of the stock kept in his godown---Owner of godown was liable to pay the losses incurred because of his negligence to the stock kept by him at his godown---Trial Court was not justified in absolving owner of godown from such responsibility---High Court modified the and decree passed by trial Court and suit was also decreed against owner of godown---Intra-court appeal was allowed accordingly. JUDGMENT ARSHAD NOOR KHAN, J.---This appeal has been directed under section 3 of the Law Reforms Ordinance, 1972 filed by the appellant against the judgment whereby the Suit No.373 of 1972 National Bank of Pakistan v. Farrukh Corporation and…

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