Law:

Section:

Civil Procedure Code (V of 1908)-­ ----S. 151, O.VII, R.2, O.VIII, R.6---Suit for recovery of amount--­Defendant had entered into a contract with plaintiff for handling Rice Crop at the godown of plaintiff---Defendant had executed and furnished a security in the sum of Rs.4,50,000 by depositing Special Saving Certificate for the said amount for performance of contract---Plaintiff stated that the defendant having failed to perform his duties resulting in substantial loss to plaintiff, suit for recovery of amount of alleged loss was filed against the defendant---Suit filed by plaintiff was dismissed where after defendant filed application to the effect that since suit filed by plaintiff had been dismissed, Certificates deposited by it as security, be ordered to be returned to it alongwith the profit earned thereon--Validity---Dismissal of suit would not automatically make defendant entitled for recovery of said amount in absence of any counter claim or set off on the part of defendant and any such decision in respect thereof in the suit---Application filed by defendant, having no force was dismissed, in circumstances. PLD 1983 SC 5; 1988 CLC 1575; 1986 MLD 754 and 1987 MLD 380 ref. ORDER This is an application filed by the defendant under section 151, C.P.C praying therein that Nazir of this Court be directed to encash the Defence Saving Certificates/securities lying with him and hand over the entire amount so encashed to the defendant through a cheque. The facts in brief are that defendant had entered into a contract with the plaintiff for handling Rice Crop 1982-83 at Landhi Rice Godown of the plaintiff corporation which according to the plaintiff was not performed satisfactorily by the defendant. It is not disputed that ail the time of execution of the contract, the defendant had executed and: furnished a security in the sum of Rs.4,50,000 by depositing Special Saving Certificates for the said amount for performance of the contract. According to the plaintiff, the defendant failed to perform his duties resulting in substantial loss to the plaintiff corporation, hence a suit for recovery of Rs.2,83,12,114.20 was filed by the plaintiff against the defendant. It…

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