POPULAR INDUSTRIES COMMERCIAL AGENCIES, KHAIRPUR vs KHAIRPUR TEXTILE — 1972 PLD 617

Citation: 1972 PLD 617

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: POPULAR INDUSTRIES COMMERCIAL AGENCIES, KHAIRPUR vs KHAIRPUR TEXTILE JUDGMENT

Headnotes

Case cited as PLD 1972 Karachi 617

Judgment Text

Court Name: Sindh High Court Judge(s): Agha Ali Haider Title:POPULAR INDUSTRIES COMMERCIAL AGENCIES, KHAIRPUR vs KHAIRPUR TEXTILE JUDGMENT Reported As: PLD 1972 Karachi 617 Result: Case remanded Judgment JUDGMENT This is an appeal from an order made in execution. 2. The respondent filed a suit against the appellants, in the Court of the Civil Judge 1st Class, Khairpur, for the recovery of Rs. 1,85,845.70 on their agency account. The parties entered into a compromise and a consent decree was passed on 21-7-1961 for a sum of Rs. 1,37,047. The appellants transferred a running hotel in lieu of Rs. 90,000 00 and the remaining Rs. 47,047.00 were to be paid in six-monthly instalments; the first instalment being due on 1-9-1961 and the last instalment on 1-3-1966. In terms of the decree, In case of 2 consecutive defaults, the respondent could execute the entire decretal amount. The appellants failed to pay even a single instalment. The respondent filed an execution application on 6-3-1965, which came to be dismissed in default on 29-11-1965. The next application was filed on 26-7-1967. The objection raised by the appellants was that the application was barred by time as was the first one, inasmuch as the two consecutive defaults had been made by 1-3-1962. The learned Civil Judge, relying on the cafe of Federation of Pakistan v. Bibi Shaidae Fatima and 2 others (PLD 1968 Kar. 31), overruled the objection, and ordered that the decree be executed. 3. Mr. S. M. Sadiq, learned counsel…

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