MESSRS BOKHARA PALACE LTD. vs BRIGADIER HIS HIGHNESS MUHAMMAD — 1972 PLD 105

Citation: 1972 PLD 105

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: MESSRS BOKHARA PALACE LTD. vs BRIGADIER HIS HIGHNESS MUHAMMAD JUDGMENT

Headnotes

Case cited as PLD 1972 Karachi 105

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Agha Ali Haider Title:MESSRS BOKHARA PALACE LTD. vs BRIGADIER HIS HIGHNESS MUHAMMAD JUDGMENT Reported As: PLD 1972 Karachi 105 Result: Suit dismissed Judgment JUDGMENT QADEERUDDIN AHMAD, C. J.-Messrs Bokhara Palace Ltd, have filed this suit for the recovery of Rs. 62,000 as the price of rugs most of which are said to have been purchased from them by the late Ameer of Bahawalpur, His Highness Nawab Al-Haj Sir Sadiq Mohammad Khan Abbasi, Bahadur. Without going into the details of the claim, we may mention that the plaintiffs have stated in paragraph 16 of the plaint as follows "That the said Ameer of Bahawalpur died on 24-5-1966 and his son Brigadier His Highness Mohammad Abbas Khan Abbasi became the administrator of his estate." 2. Thus the amount of money claimed by the plaintiffs was demanded from the defendant mainly as the administrator of his father's estate and partly as the price of a pair of rugs purchased by himself. The claim remained unsatisfied ; therefore, this suit was filed for the recovery of that amount. The plaint was presented on the 10th of May 1969 and was to come up on the 8th of July 1969 before the Additional Registrar (O. S.) for orders to register it. On that date, an application was presented an behalf of the defendant under Order VII, rule 11, C. P. C., containing the objection that the suit was filed without obtaining the consent of the Central Government ; therefore, was liable to be…

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