Sh. GHULAM MOHAMMAD AND Another vs THE BANK OF BAHAWALPUR LTD. — 1971 SCMR 148

Citation: 1971 SCMR 148

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-01-12

Parties: Sh. GHULAM MOHAMMAD AND Another vs THE BANK OF BAHAWALPUR LTD. AND 21 Other

Headnotes

Case cited as 1971 SCMR 148

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title:Sh. GHULAM MOHAMMAD AND Another vs THE BANK OF BAHAWALPUR LTD. AND 21 Other Case No.:Civil Petition for Special Leave to Appeal No. K-105 of 1969 L. P. A. No. 319 of 1966 Date of Judgment:1971-01-12 Reported As: 1971 SCMR 148 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-This petition for special leave arises out of the judgment of a Division Bench of the High Court of West Pakistan, Karachi Bench, in Letters Patent Appeal No. 319 of 1966. By this judgment, the High Court dismissed the appeal. Briefly, the facts leading to this petition are that respondent No. 1, the Bank of Bahawalpur advanced a loan of Rs. 5,00,000 to Messrs Siddiq Textile Mill Limited, respondent No. 2, for a period of one year at the rate of 7 % per annum of interest on the mortgage of certain property on the 14th February 1963. On the expiry of one year the debt remained unpaid. Respondent No. I pressed for payment and Haji Siraj Din and other four persons executed letters of guarantee in favour of the Bank. The debt remained unpaid and respondent No. 1 filed Suit No. 153 of 1964 in December 1964 on the original side of the High Court of West Pakistan, Karachi Bench, for the recovery of the debt against the Mill and all the guarantors. In the suit, summons were issued to Haji Siraj Din but the service could not be effected on him as it was reported that he was not available at the time at which the…

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