MESSRS M. G. KADIR & Co vs ABDUL LATIF — 1959 PLD 295

Citation: 1959 PLD 295

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-31

Parties: MESSRS M. G. KADIR & Co vs ABDUL LATIF

Headnotes

Case cited as PLD 1959 Lah. 295

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo, Noorul Arfin Title: MESSRS M. G. KADIR & Co vs ABDUL LATIF Case No.:L. P. A. No. 25 of 1964 L. P. A. No. 25 of 1964 L. P. A. No. 25 of 1964 Letters Patent JUDGMENT Reported As: PLD 1970 Karachi 708 Result: Q. Judgment JUDGMENT NOORUL ARFIN, J.--This Letters Patent Appeal questions the judgment in Abdul Latif v. M. G. Kadir & Co., of a learned Single Judge given in a suit brought by the respondent for recovery from the appellants of a principal amount of Rs. 20,500 and interest in the sum of Rs. 6,697.50. The judgment is reported in PLD 1964 Kar. 556. The case set out by the respondent in his plaint is that he had advanced a loan of Rs. 45,500 to the appellants on 13th July 1948, that out of this amount a sum of Rs. 25,000 was repaid to him on 31st August 1949, thereby leaving a balance of Rs. 20,500; and that the liability for payment of this balance was acknowledged by the appellants by a letter, Exh. P/11, dated 19th June 1952. The appellants denied their indebtedness to the respondent and stated that two sums, amounting to Rs. 45,000, had been paid by the respondent to the appellants for purchase of cotton seeds, but that these transactions were rescinded, and the amount advanced by the respondent was allowed to be kept with the appellants for the purpose of adjustments to be made in the accounts of two, firms in which the appellants and the respondent were partners together with another person, namely, Zahid…

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