| Case ID |
3ae8aa7f-1779-4071-988d-a8fca563feae |
| Body |
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| Case Number |
C.R. No. 1183 of 2012 |
| Decision Date |
Feb 11, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the revision petition filed by the petitioner, LAHORE REGENCY (PVT.) LTD., against the trial court's order that allowed the application of respondents Nos. 3 and 4 to delete their names from the list of defendants in a suit for damages. The court found that there was no privity of contract between the petitioner and the franchise holders (respondents Nos. 3 and 4), and as such, the suit was not maintainable against them. The court further noted that the franchise holders were merely licensees and not agents of the foreign companies involved, leading to the conclusion that the petitioner could not hold them liable for damages under the circumstances presented. The decision emphasized the importance of privity of contract when determining liability in civil suits. |
| Summary |
This case revolves around a civil suit filed by LAHORE REGENCY (PVT.) LTD. against various foreign companies, including WYNDHAM HOTEL, for damages amounting to 10 Million US$. The crux of the matter was whether the franchise holders (respondents Nos. 3 and 4) could be held liable despite having no direct contract with the petitioner. The Lahore High Court examined the implications of the Civil Procedure Code (V of 1908), particularly the sections regarding the impleadment of parties and the rejection of plaints. It concluded that the franchise holders were not agents but merely licensees, thus dismissing the revision petition. This case highlights critical aspects of contract law, agency relationships, and the principles of civil liability, making it significant for practitioners and scholars in the field of law. |
| Court |
Lahore High Court
|
| Entities Involved |
LAHORE REGENCY (PVT.) LTD.,
WYNDHAM HOTEL
|
| Judges |
MUHAMMAD KHALID MEHMOOD KHAN
|
| Lawyers |
Tariq Iqbal,
Syed Hassan Ali Raza,
Asad Javed,
Hafeez-ur-Rehman Ch.,
Rustam Khan Parhar
|
| Petitioners |
LAHORE REGENCY (PVT.) LTD.
|
| Respondents |
Respondent No. 3,
Respondent No. 2,
Respondent No. 4,
WYNDHAM HOTEL
|
| Citations |
2016 SLD 1433 = 2016 MLD 349
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.I,R.10,
O.VII,R.11
|