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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Chaudhry MUHAMMAD RAFIQUE VS Respondent: AMAN KHAN
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Wali Muhammad Khan Title: Chaudhry MUHAMMAD RAFIQUE vs AMAN KHAN Case No.: Civil Petition No, 223 of 1992 Date of Judgment:1992-10-05 Reported As: 1993 SCMR 2324 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, C.J.---The defendant in a suit for recovery of money for the supply of coal by the plaintiff/respondent, has challenged the dismissal of the appeal by the High Court against a money decree passed by the trial Court. ' Learned counsel has argued that the coal was for a brick kiln. The petitioner was responsible only for the preparation and supply of bricks while their burning was to be done by a third party. Hence the price of coal under the contract was to be paid by the latter. The High Court with cogent reasons affirmed the trial Court findings and held that the petitoner's plea was a concoction. We have noticed that on vital question as to who was to make the payment, documentary evidence is against him. There is no justification for interference with the findings of the two Courts below. Leave to appeal is refused.