MESSRS HOOSEN BROTHERS LTD., KARACHI vs MESSRS S. ABDULLAH & Co., — 1971 PLD 729

Citation: 1971 PLD 729

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: MESSRS HOOSEN BROTHERS LTD., KARACHI vs MESSRS S. ABDULLAH & Co., JUDGMENT

Headnotes

Case cited as PLD 1971 Karachi 729

Judgment Text

Court Name: Sindh High Court Judge(s): Noorul Arfin Title:MESSRS HOOSEN BROTHERS LTD., KARACHI vs MESSRS S. ABDULLAH & Co., JUDGMENT Reported As: PLD 1971 Karachi 729 Result: Suit decreed Judgment JUDGMENT There are two applications before me, one is Miscellaneous No, 1103/1970 under Order XXXVIII, rule 5, C. P. C. and the other is Miscellaneous No, 1200/70 under Order XII, rule 6, C. P. C. This latter application is for a decree on admission. These applications have come before me several times but adjourn-ments were taken on the ground that the case is under negotiation for compromise. Today both the parties informed me that the compromise has fallen through. 2. Both the parties have further stated that I should first decide the second application, namely, Miscellaneous No, 1200/ 1970 under Order XII, rule 6, C. P. C. for a decree on admission. In this connection the defendants' contention, as put forth by their counsel, Mr. Rashid S. Hussain, is that the very suit is barred under Order II, rule 2, C. P. C. as a suit for part of the claim was subject-matter of Suit No, 76 of 1969 filed by the plaintiffs in the Court of the District Judge, Karachi. 3. Before discussing the contentions of the parties, it will be useful to give a brief reference to the facts as set out in the plaint. 4. The plaintiffs' case is that the defendants used to purchase cloth from the plaintiffs on credit and used to make part payments towards these purchases, which transactions brought about a…

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