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FAISAL BANK THROUGH DULY APPOINTED ATTORNEYS versus MESSRS ZIMINDARA RICE MILLS AND 21 OTHERS


Sections 10 and 15 of the Contract Act (IX of 1872), Sections 151 and 152 were not disputed by the bank for grant of application for grant of a loan and for obtaining facilities in question. Neither the plaintiff nor the defendants had any dispute in respect of the defendants' payments, nor was it alleged that such payments were not disclosed in the statement of accounts and in all intents and purposes, of the loan. The amount of liability was charged. The petition for leave to appeal acknowledges that the defendants merely claimed that the value of the mortgaged goods was lost and is no longer available, also that the plaintiff was responsible for adjusting against the bankruptcy case claim. Was If the mortgagee filed a lawsuit to recover the original debt, he needed to retain the mortgage to retain the mortgage, who always had the right to return it and In the latter case, reasonable notice, that the amount paid was to be adjusted due to debt, the question of such adjustment would arise only if and when the goods were actually sold, however, the mortgage. The goods are not available for delivery to the mortgage holder, damaged, or otherwise, in terms of equity, the mortgage is thus Could not recover the debt received and the promoter was entitled to an equal set of adjustments for lost property. Goods can be promised and claimed for indemnity for damages for damage caused by damaged or lost goods and

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