COLONY WOOLLEN MILLS vs ESMAIL ABDUL SATTAR & Brother — 1971 SCMR 103

Citation: 1971 SCMR 103

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: COLONY WOOLLEN MILLS vs ESMAIL ABDUL SATTAR & Brother

Headnotes

Case cited as 1971 SCMR 103

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: COLONY WOOLLEN MILLS vs ESMAIL ABDUL SATTAR & Brother Case No.:Civil Petition for Special Leave to Appeal No. K-38 of 1970 Appeal No. 107 of JUDGMENT Reported As: 1971 SCMR 103 Result: Petition dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-This petition arises out of a suit for refund of money deposited as price of blankets and for recovery of damage on account of the petitioner's failing to supply the blankets to the respondents in accordance with the sample which formed the basis of the contract between them. The suit was decreed by the then High Court of West Pakistan Karachi Bench. The petitioner has now impugned before us the order of the High Court on the ground that that Court did not take into consideration certain material facts in coming to its findings that Exh. 69 was the sample in question. The learned Advocate for the petitioner has in this connection drawn our attention to certain papers contained in the paper book of the High Court in order to show that the Exh. 69 was not the sample in question. These papers, which have not been annexed to the present petition, did not, in our opinion, support the petitioner's contention. The High Court has given cogent reasons based on evidence in support of its finding that Exh. 69 was the sample in question. What the learned Advocate, however, wants is that we should make our own appreciation of the evidence in the case. This is…

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