1982 PLP 1187 (CLC)
ALLIED BANK OF PAKISTAN LTD.‑‑ — Plaintiff Versus MESSRS COTTON INTERNATIONAL AND 2 OTHERS‑ — ‑Respondents
| Citation | 1982 PLP 1187 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ALLIED BANK OF PAKISTAN LTD.‑‑ — Plaintiff Versus MESSRS COTTON INTERNATIONAL AND 2 OTHERS‑ — ‑Respondents |
Q1: What are the key laws and sections cited in 1982 PLP 1187 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1982 PLP 1187 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1982 PLP 1187 (CLC) (ALLIED BANK OF PAKISTAN LTD.‑‑ — Plaintiff Versus MESSRS COTTON INTERNATIONAL AND 2 OTHERS‑ — ‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
O. VII, r. 2‑Ex parte statement of plaintiff's witness on solemn affirmation remaining unchallenged‑Defendants not contesting suit and choosing to remain absent‑Suit supported ‑by documentary evidence Suit for recovery of amount decreed with interest in circumstances of case.‑[Witness].
Judgment & Decree
(1) An agreement for cash credit dated 5th July, 1974. (2) Letter of hypothecation dated 5th July, 1974, whereby the defendants hypothecated in favour of the plaintiffs all their moveable properties of every description. (3) Letter of hypothecation of goods dated 5th July, 1974 whereby the defendants hypothecated the stocks in favour of the Plaintiffs. The above documents have been produced and marked as Exh. A/1 to A/3. (ii) The Plaintiffs by their letters dated 28th April, 1976 Exh. B called upon the defendants to settle their account, which showed a debit balance of Rs. 26,422.27 as on that date. (iii) Subsequently, it was found that, as on 31st December, 1976 a sum of Rs. 29,202.27 was due by the defendants to the plaintiffs in the aforesaid account, which the ‑defendants promised to pay the plaintiffs and executed and delivered to the Plaintiffs promissory note dated 27‑12‑1976, which is produced as Exh. C/1. Alongwith the promissory Note, the defendants also executed and delivered to the Plaintiffs a letter of continuity, letter of waiver, and letter of interest Exh. C‑2 to C‑4. (iv) The Plaintiffs, aforesaid witness also stated that the defendants made payments to the Plaintiffs towards part payment of outstanding loan on 12‑11‑1974, 9‑9‑1975 and 4‑12‑1975, which amounts are shown in the statement of account, and accordingly it was stated that the time was extended by such payments within the meaning of section 20 of the Limitation Act. The statement of account has been filed as Exh. D.
2. The above‑mentioned statement of the plaintiffs' witness in ex partel proof made on solemn affirmation has remained unchallenged. The defendants have also not contested the claim of the Plaintiffs and have chosen to remain absent. On the evidence produced by the Plaintiffs, I am satisfied that the defendants are liable to pay Rs. 39,612.27 as shown in the statement of account produced by the plaintiffs only supported by documentary evidence.
3. For the reasons stated above. I hereby decree the suit for Rs. 39,612.27 jointly and severally against the defendants 1, 2 and 3 with interest at the rate of 15 % per annum with monthly rests as agreed between the parties. The defendants shall also be liable to pay the costs of the suit to the plaintiff's. M. Y H. Suit decreed.