1. Tahir Raza, petitioner has filed an application for recovery of Rs, 35000/- against the Ejaz Rafi Butt, respondent who deals in business of shares. Petitioner have maintained in petition that on 05.12.2009 he had purchased 2000 shares of Pakistan Cement Limited for consideration of Rs, 35000/- from the respondent. It is further maintained in petition, petitioner had received a letter from the head office of the respondent that he had to pay Rs, 9000/- more as 900 right shares were purchased in his favour by the respondent. Petitioner further maintained in the petition right shares were purchased by the respondent without his consent.
2. The respondent was summoned and he had submitted written reply. The statements of both the parties were recorded, arguments heard record perused. Tahir Raza, petitioner purchased 2000 share of Pakistan Cement Ltd. For consideration of Rs, 35000/- and he had filed this petition for recovery of Rs, 35000/- from the respondent. It has come in the evidence that on 05.12.2009, petitioner purchased 2000 share from the respondent and at the time of purchase the rate of share was Rs, 17/- and now the share rate has decreased due to short fall of the market of stock exchange, the cost of above said shares have become low to extend of Rs, 2.85/- per share.
3. Keeping in view of above circumstances the cost of 2000 shares as the Rs, 35000/- which are claimed by the petitioner cannot be granted because it was result of short fall of the market of stock exchange. Hence this petition is hereby dismissed. File be consigned to record room after due completion.