1. ' This suit has been filed by the plaintiff under Summary Procedure of Order 37, C.P.C. for recovery of Rs, 363,872 being the note amount outstanding against the defendant on a Promissory Note as price of Pesticides supplied by the plaintiff to the defendant and interest thereon.
2. ' The defendant No,1 is said to be a partnership firm with defendants Nos.2 to 5 as its partners and they are carrying on business in District Vehari, Punjab. Summons of this suit were sent to the defendants by registered post and through the District Judge in the first instance. It appears from the endorsement of the bailiff on the summons that the defendants refused to accept the summons. Similar endorsement has been made by the postman on the envelope of the summons sent by registered post. Thereupon service was effected by publication in the issue of 25th December, 1991, of Nawa-i-Waqt and in the issue of 23rd December, 1991, of Nation Lahore. However, the defendants have failed to appear in response to the said summons and have also failed to make an application for leave to appear and defend the suit. That being so, the allegation in the plaint shall be deemed to be admitted and the plaintiff will be entitled to a decree.
3. ' It appears from the plaint that the plaintiff No,1 inter alia, engaged in the manufacture and sale of agro-chemical products while the plaintiff No,2 is, inter alia, engaged in the import and sale of the goods in Pakistan. The plaintiffs have common dealers for the sale of their goods and the dealer appointed by any one of them deals in the goods of both. The defendant No,1 was one of such dealer appointed by the plaintiff No,1 by agreement dated 19-1-1987 which was entered into at Karachi. During the course of their business the defendants placed orders at Karachi on the plaintiffs for the supply of goods and such supply was made from Karachi by the plaintiff on credit basis. On 13-12-1987 the defendant executed a Promissory Note for Rs,599,477.52 being the amount then outstanding against the defendants in respect of the supplies made by the plaintiffs. It appears that a part of the amount of the promissory note was paid by the defendants thereby leaving balance of Rs,3,16,334.75 as on 22-2-1988 and this outstanding was acknowledged by the defendants through two separate endorsements on two separate confirmation of outstanding balance letter, one for Rs,111,264.80 being payable to the plaintiff No,1, and the other for Rs,234,168.12 being payable to the plaintiff No,2. On these letters while acknowledging the outstanding amount the defendants also promised to clear these by 31-3-1988. However, no payment having been made by the defendants a legal notice dated 29-6-1989 was sent by the plaintiffs counsel to the defendants but still no payment out of the said outstanding has been made and as such the entire said amount of Rs,316,334 remains payable by the defendants jointly and severally to the plaintiff.
4. The plaintiffs have claimed the aforesaid amount together with Rs,51,538 being the amount of interest at 6 per cent. per annum under section 79 of the Negotiable Instruments Act from 1-1-1988 to 31-7-1990 and also interest from the date of the suit till realisation and cost of the suit.
5. ' Mr. Kamal Azfar has filed the original agreement between the parties, a copy of which is Annexure "A" to the plaint, the original promissory note executed by the defendants, a copy of which is Annexure 'B' to the plaint.
6. ' I have heard Mr. Kamal Azfar, learned counsel for the plaintiff, and as stated earlier the plaintiff will be entitled to a decree for the principal amount and interest at 6 per cent. per annum from 1-4- 1988 till filing of suit, as the defendants had in their endorsement on the confirmation of Ouststanding Balance letter dated 22-2-1988 undertaken to clear the amount by 31-3-1988 and to interest at the same rate from the date of filing of the suit till recovery and cost.
7. ' Accordingly, I decree the suit against the defendants jointly and severally in the sum of Rs,316,334 being the principal amount together with interest thereon at the rate of 6 per cent per annum from 1-4-1988 till the filing of suit and at the same rate from the date of filing of the suit till payment and cost of the suit.