HARCHANDRAI vs THE POPULAR METAL WORKS, GUJRANWALA AND 2 OTHERS — 1971 PLD 925

Citation: 1971 PLD 925

Court: Sindh High Court

Year: 1971

Decision Date: 1971-01-18

Parties: HARCHANDRAI vs THE POPULAR METAL WORKS, GUJRANWALA AND 2 OTHERS

Headnotes

Case cited as PLD 1971 Karachi 925

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Mir Khuda Bakhsh Marri Title: HARCHANDRAI vs THE POPULAR METAL WORKS, GUJRANWALA AND 2 OTHERS Case No.: Civil First Appeal No, 69 of 1962 Date of Judgment:1971-01-18 Reported As: PLD 1971 Karachi 925 Result: Appeal accepted JUDGMENT JUDGMENT KHUDA BAKHSH MARRI, J.--This appeal is directed against the judgment and Decree of a First Class Sub Judge, Mirpurkhas, dated the 19th of March 1962, whereby he dismissed the appellant's suit for the recovery of Rs, 34,050 as principal and Rs, 7939/12 as interest at the rate of 6 per cent. per annum. 2. The case set out by the appellant in his plaint filed on the 21st of September 1960, in short is, that he had friendly relations with respondent No, 3 Ghulam. Hussain since 1954, this Ghulam Hussain along with his brother Mohammad Shall (respondents Nos, 3 & 2 and respectively) were partners in a firm (respondent No, 1) known as the Popular Metal Works with its Head Office at Gujranwala and a branch office at Marriot Road, Karachi. Respondent No, 3 was Incharge of the Karachi business of the firm. 3. He further states, that in the month of June 1956, respondent No, 3 requested him for a loan of Rs, 35,00) which was urgently required by the firm for the construction of a hotel at Karachi. As he knew the respondents, he advanced a loan of Rs, 35,503 on various dates between 5-6-1956 and 21-1-1957, in favour of respondent No, 1, the Popular Metal Works by Bank drafts and cheques.…

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