Law:

Section:

Civil Procedure Code (V of 1908) --------- ----------O.VII, R. 2 --------- Money suit --------- Defendants, in the present case, were bound to make payment of items used by the plaintiff-contractor in the project --------- Defendants had agreed to clear bills of contractor-plaintiff with regard to items used by him but they had refused to honour their commitment and make payment --------- Trial Court, held, had rightly passed decree and partially allowed the claim of plaintiff-contractor in terms of negotiation-settlement between the parties --------- Impugned order was based on sound footings --------- Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: HAIDER ALI KHAN, JUSTICE:----------This regular first appeal is directed against the judgment and decree dated 19.10.2013 of learned Civil Judge/Illaqa Qazi, Alpuri, District Shangla, whereby suit of the respondent has been decreed. 2. Brief facts of the case are that respondent sued the appellants for recovery of Rs:1,94,50,308/- for the work done vide agreement deed dated 17.5.2005 pertaining to High Head Hydro Power Projects WAPDA Besham, detail fully mentioned in the heading of plaint. The appellants on appearance before the trial Court, submitted their written statement. The pleadings of the parties were reduced into issues. Evidence of the respondent-plaintiff was recorded. During course of appellants/ defendants' evidence, it was on 05.4.2012 that the respondent- plaintiff submitted an application for withdrawal of the suit and his statement was recorded overleaf of the said application, so his suit was dismissed as withdrawn. On 08.12.2012, application under section 12(2), C.P.C. was submitted by the respondent for setting aside order dated 05.4.2012 with regard to withdrawal of suit and for restoration of suit proceeding. The application was contested by the appellants and the learned trial Court vide order dated 13.9.2013, accepted the application under section 12(2), C.P.C. and restored proceedings in the suit, which has been challenged by the appellants in separate appeal bearing R.F.A. No. 85-M of 2013; the said appeal has been dismissed today vide my separate judgment. After…

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