| Case ID |
1e3c455d-49b8-4628-9979-d5fb7e007e91 |
| Body |
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| Case Number |
C.F.A. No. 02 of 2012 |
| Decision Date |
Aug 29, 2016 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the appellant failed to prove that the suit amount was outstanding against the respondents. The evidence produced was not sufficient to grant the decree as prayed for. The trial court's dismissal of the suit was upheld, and the burden of proving the outstanding amount was not met by the appellant, leading to the conclusion that the case was not maintainable. |
| Summary |
The case revolves around a civil suit for recovery of a specified amount which the appellant, Fida Trading Company, claimed was due from the Government of Pakistan. The underlying contract was for the supply of labor and specific work as per an agreement dated 14-09-1988. However, the court found that the appellant did not provide adequate evidence to prove the outstanding amount. The trial court had previously dismissed the suit due to insufficient proof regarding the claims made. This dismissal was contested in the Civil First Appeal, where the court emphasized the importance of having clear and compelling evidence to support claims of outstanding debts. The judges highlighted the lack of documentation confirming the appellant's claims and the need for the plaintiff to establish their case adequately. The decision underscores the significance of legal representation in civil disputes and the necessity of adhering to procedural requirements under the Civil Procedure Code. The case serves as a reminder of the vital role of evidence in civil litigation and the legal obligations of parties to substantiate their claims. Keywords: Civil Procedure, Recovery Suit, Evidence in Law, Legal Representation, Burden of Proof, Contractual Obligations. |
| Court |
Sindh High Court
|
| Entities Involved |
Government of Pakistan,
Fida Trading Company
|
| Judges |
Muhammad Alam,
Malik Haq Nawaz
|
| Lawyers |
Mohammad Issa,
Deputy Attorney General
|
| Petitioners |
Fida Trading Company through Managing Director
|
| Respondents |
6 Others,
Government of Pakistan through Secretary Defence
|
| Citations |
2018 SLD 3049,
2018 YLR 38
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
Order VII, Rule 2
|