Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.2

Civil Procedure Code (V of 1908)-------O. XXXVII, R. 2---Suit for recovery of money---Purported lease agreement between plaintiffs and customs/revenue authorities---Proof---Documents relating to internal correspondence between customs and revenue authorities, reliance on---Scope---Plaintiffs alleged that there was a lease agreement between them and revenue authorities, and that certain construction and modifications were also made to the proposed site on oral direction of customs officials---Validity---Plaintiffs alleged an oral agreement between themselves and revenue authorities---Counsel for plaintiffs referred to correspondence between an official of customs and revenue authority, but such correspondence was of no help to the plaintiffs, being internal to the department through which, the customs official solicited advice and approval of higher authorities---Counsel for plaintiffs also referred to a document which had not been signed by any person on behalf of the revenue authority---Plaintiffs conceded that concerned official of revenue authority or other departmental functionaries had not signed the proposed lease agreement---Plaintiffs should have ensured that there was an agreement in place before they made any construction/modifications on the property in question---Appeal was dismissed accordingly. THIS ORDER PASSED BY: JAWWAD S. KHAWAJA, J.---This appeal as of right arises out of a suit for recovery of money filed by the present appellants. The suit was decreed in the sum of Rs.20,76,000, by the learned trial Court, vide judgment and decree dated 29-1-2005. The respondents filed an appeal (R.F.A. No.4 of 2005), while the appellants-plaintiffs filed cross-objections. The appeal has been allowed and as a consequence, the suit of the appellants-plaintiffs has been dismissed. 2. We have gone through the impugned judgment and record with…

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