Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.2,O.IX,R.6

Law: Law Reforms Ordinance, 1972

Section: 3

Civil Procedure Code (V of 1908) --------- ----------O.VII, R.2 & O.IX, R. 6 --------- Law Reforms Ordinance (XII of 1972), S.3 --------- Intra court appeal --------- Suit for recovery of money --------- Ex-parte decree of partial amount --------- Grievance of plaintiff was that defendants were proceeded ex-parte but single Judge of High Court did not pass decree to the extent of full amount claimed in suit --------- Validity --------- Nothing was available on record to show that at any time upto September, 2002, plaintiff had sent any notice/letter to defendants claiming that amount mentioned in plaint was due against them or that the defendants had admitted their liabilities to such extent --------- Plaintiff was unable to substantiate its claim by cogent evidence, therefore, single Judge of High Court was justified in decreeing the suit for lesser amount on the basis of documents produced by witness of plaintiff --------- Intra court appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: SADIQ HUSSAIN BHATTI, JUSTICE:---------- The appellant is aggrieved by the judgment and decree dated 10.10.2003 passed by a learned single Judge of this Court in Suit No. 926/2002. 2. The facts of the case are that the Appellant, Civil Aviation Authority, established under the Civil Aviation Authority Ordinance, 1982 for the promotion and regulation of civil aviation activities, granted an airline license and Air Operation Certificate to the respondent No. 1, who briefly operated airline business. To undertake its airline operations, the Respondent No. 1 was given on license Rooms Nos.2060, 2061 and 2062 at Jinnah Terminal Complex Level II and Room 1336 at Level I and also an open/covered space at the apron side by the Appellant. Respondent No. 2 is said to be the sole proprietor of Respondent No. 1. After only a few months the Respondents were in default towards its dues to the Appellant from June, 1999 till cessation of its operations in March 2001. Vide their letter dated 17.01.2002, the Respondents agreed to the Appellant's proposal to make payment of 50% of their entire outstanding dues but failed to fulfill its obligation. Since the respondents failed…

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