1988 PLP 1565 (MLD)
JALIL AHMAD SIDDIOI‑‑Plaintiff Versus SALIM ANWAR alias Salim Hassan‑‑Defendant
| Citation | 1988 PLP 1565 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Saleem Akhtar, J |
| Parties | JALIL AHMAD SIDDIOI‑‑Plaintiff Versus SALIM ANWAR alias Salim Hassan‑‑Defendant |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP 1565 (MLD)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1565 (MLD)?
The case was heard and decided by the Karachi bench comprising: Saleem Akhtar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1565 (MLD) (JALIL AHMAD SIDDIOI‑‑Plaintiff Versus SALIM ANWAR alias Salim Hassan‑‑Defendant). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 11th January, 1988.
Headnotes / Summary
‑‑‑O.VII, R.2‑‑Suit for recovery‑‑Suit of plaintiff based on partnership deed under which plaintiff invested money with defendant who agreed to pay profit at a certain rate per month, and was not liable for losses and in case of default plaintiff was entitled to capital amount and profit‑‑Defendant paid profit in respect of a certain period and also returned a small amount from capital and later on in spite of notice neither paid profit nor the invested capital‑‑Plaintiff r made his statement on oath and plaint had been signed and verified by him Suit decreed with usual rate of interest in circumstances. Suleman for Plaintiff.
Judgment & Decree
The plaintiff has filed this suit for recovery of Rs.1,09,500 and profit at the rate of 5% per month from February, 1986 and costs of the suit. The defendant though served by publication has not appeared. The plaintiff's suit is based on a partnership deed under which the plaintiff has invested Rs.1,17,500 and the defendant had agreed to pay 5% per month as profit. The Plaintiff was not liable for losses and in case of default the plaintiff was entitled to the capital amount and profit. According to the plaintiff the defendant paid Rs.5,875 on 16‑3‑1986 5% as profit but thereafter he did not pay. However he returned Rs.8,000 which was received by the plaintiff o 10‑‑1986. This amount according to the plaintiff was refunded from the capital invested by the plaintiff. The defendant in sprite of notice dated 10‑11‑1956 has not paid the profit or returned the invested capital amount. The plaintiff has made this statement on oath and plaint has been signed and verified by him. 1, therefore, decree the suit for Rs.1,09,500 but so far the question of profit at the rate of 5% per month is concerned I am not inclined to grant as is will amount to granting interest at that rate. The plaintiff is, therefore, granted interest at the rate of 10% PA. from the date of the suit till recovery and costs of the suit. M.Y.H./J‑44/K Suit decreed.