Law: Civil Procedure Code (V of 1908)

Section: 2

Civil Procedure Code (V of 1908)--O. XXIX, R.2---Sindh Chief Court Rules (O.S.), R. 782---Service on corporation---Service upon Director of Corporation/Company---Dispute was with regard to service upon defendant company---Plea raised by plaintiff was that service to company through directors had been effected and there was no need of repeating the process---Validity---Once service effected upon defendants held to be good and matter was fixed for filing of written statements, notices could not be repeated without assigning any reason or showing sufficient cause in that respect---Company stood served in fact and law and there was no need of repeating service upon defendant company---Manager and director of the company were already being represented by a counsel, no prejudice in such regard was otherwise likely to be caused to defendant company---Appeal was allowed accordingly. Mansoor Textile Mills Limited, Shorkot v. Jamail Akhtar Naseeb, Textile Consultant Faisalabad 2001 CLC 1065 rel. JUDGMENT SADIQ HUSSAIN BHATTI, J.---Appellants are aggrieved by order dated 4th November, 2011, passed by the learned single Judge of this Court on C.M.A. No.10791 of 2011, filed in Suit No.198 of 2010, whereby the said application was dismissed. 2. Brief facts of the case are that in the year 1998 the appellant entered into a contract with respondent No.2 for purchase of an office measuring 652 sq. ft. along with parking space measuring 300 sq. ft. in a commercial plaza, known as 'Nice Trade Orbit', situated at Plot No.44-A & B, Block-6, PECHS, Main Shahrah-e-Faisal, Karachi. After payment of required amounts, allotment letter in respect of office No.114 and parking space of measuring 300 sq. ft., both on first floor, was issued to the appellant. As per contract the project was to be completed by the year 2000 but despite payment of substantial amount the same was not done in time. The appellant approached the respondents with regard to completion of the project and handing over possession of office and car parking allotted to him, when he was assured by the respondent No.1, verbally as well as in writing for completion of project and handing over of possession at an early…

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