1981 PLP 1132 (CLC)
ILLAHI BUX‑Appellant Versus Messrs S. YOUSUFALI & SONS LTD., KARACHI‑ — Respondent
| Citation | 1981 PLP 1132 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ILLAHI BUX‑Appellant Versus Messrs S. YOUSUFALI & SONS LTD., KARACHI‑ — Respondent |
| Primary Law | (a) Limitation Act (IX of 1908)‑, (b) Limitation Act (IX of 1908)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1132 (CLC)?
This judgment primarily cites: (a) Limitation Act (IX of 1908)‑, (b) Limitation Act (IX of 1908)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1132 (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: 1981 PLP 1132 (CLC) (ILLAHI BUX‑Appellant Versus Messrs S. YOUSUFALI & SONS LTD., KARACHI‑ — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Art. 61‑Limitation of suit for recovery of money paid by plaintiff on behalf of defendant‑Respondent (plaintiff) claiming inter alia amount on account of one transaction, paid on behalf of appellant (defendant) on various dates in March 1965‑‑Suit filed on 30th May, 1968‑Respondents (plaintiffs) neither claiming as balance amount due on current, mutual and open account, nor alleging in plaint, to be main taining any such account but claiming amounts separately‑Suit in respect of such transaction, held, time‑barred under Art. 61‑Further held, claim being not based on accounts stated‑Article 61 squarely attracted.
S. 19‑Acknowledgement of liability‑Letter written by son of a appellant (defendant) speaking of transaction as not settled‑Appellant's son not pleaded in plaint as duly authorised agent of appellant (defendant)‑‑Firm of appellant (defendant) at relevant time a sole proprietary concern‑Held, such letter cannot be treated as valid acknowledgment and cannot save limitation in respect of amount mentioned.
Judgment & Decree
(a) Limitation Act (IX of 1908)‑
Art. 61‑Limitation of suit for recovery of money paid by plaintiff on behalf of defendant‑Respondent (plaintiff) claiming inter alia amount on account of one transaction, paid on behalf of appellant (defendant) on various dates in March 1965‑‑Suit filed on 30th May, 1968‑Respondents (plaintiffs) neither claiming as balance amount due on current, mutual and open account, nor alleging in plaint, to be main taining any such account but claiming amounts separately‑Suit in respect of such transaction, held, time‑barred under Art. 61‑Further held, claim being not based on accounts stated‑Article 61 squarely attracted. (b) Limitation Act (IX of 1908)‑
S. 19‑Acknowledgement of liability‑Letter written by son of a appellant (defendant) speaking of transaction as not settled‑Appellant's son not pleaded in plaint as duly authorised agent of appellant (defendant)‑‑Firm of appellant (defendant) at relevant time a sole proprietary concern‑Held, such letter cannot be treated as valid acknowledgment and cannot save limitation in respect of amount mentioned. Niamat U. Moulvi for Appellant. Respondent (absent). Dates of bearing : 24th February and 30th March, 1981.