| Case ID |
25f7bfab-57ba-4190-a7d9-6f68e6631d98 |
| Body |
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| Case Number |
First Appeal from Order No. 13 of 1997 |
| Decision Date |
Jun 19, 1997 |
| Hearing Date |
|
| Decision |
The appeal was partly allowed regarding the attachment of the bills pending with the C.D.A., confirming the Trial Court's order about these bills. However, the attachment of the rest of the bills pending with other departments was not upheld, as the outstanding amount could be satisfied from the amounts attached with the C.D.A. The court decided that the factual issues regarding the compliance with the compromise terms could not be determined in this appeal and should be addressed in the Trial Court. The final decision will depend on the Trial Court's ruling on the application to set aside the ex parte decree. |
| Summary |
This case revolves around the legal proceedings between Messrs Zenat Brothers (PVT.) LTD. and Messrs Riaz & Sons, focusing on a dispute regarding a Diesel Generating Set (D.G. Set) supplied to the Prime Minister Secretariat. The original agreement between the parties was modified, leading to a civil suit for recovery of significant amounts. The court examined the validity of attachments on pending bills and the implications of a compromise reached during the litigation. The court confirmed the attachment of certain bills while releasing others, emphasizing that factual disputes should be resolved by the Trial Court. This case highlights the complexities of contract enforcement and the procedural nuances of civil litigation, including the importance of adhering to agreed terms and the role of attachments in safeguarding claims. Legal practitioners and entities involved in similar disputes can glean insights on how courts navigate such issues. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RAJA MUHAMMAD KHURSHID, J
|
| Lawyers |
Abdul Shakoor Pracha,
Sardar Muhammad Aslam,
Syed Asghar Hussain Sabzwari
|
| Petitioners |
Messrs ZENAT BROTHERS (PVT.) LTD.
|
| Respondents |
Messrs RIAZ & SONS and others
|
| Citations |
1998 SLD 1311,
1998 CLC 740
|
| Other Citations |
Messrs Madan Theatres Ltd. v. Hari Das AIR 1936 Lah. 33,
Faqir Ali v. Muhammad Hayat PLD 1976 Lah. 298,
Chaudhri Kanhya Ram v. Firm Dino Nath Hardial Mill AIR 1926 Lah. 330,
Kanshi Ram v. Hindustan National Bank Ltd. AIR 1928 Lah. 376,
Syed Ahmad Shah and 2 others v. Muhammad Yar and 6 others 1974 SCMR 191,
Muhammad Saeed and others v. Mst. Hanifa Begum and others 1990 CLC 1162
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXXVIII, R.5,
OAX, R.13,
O.XLIII, R.1
|