Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XL, R. 1, O. XXXIX, Rr. 1 & 2, O. XXXVIII, R. 5 & O. I, R. 10----Suit for recovery of damages---Appointment of receiver--- Temporary injunction--- Attachment of franchise fee before ---Permissibility---Parties to suit---Execution of decree, mode of---Plaintiff filed suit for damages against defendants, foreign companies, and the other defendants, who were franchise holder of said companies, for loss caused due to violation of Letter of Intent---Trial Court, while declining applications of plaintiff for grant of temporary injunction and attachment of franchise fee, deleted names of defendants, franchise holders, from the suit; revisional court maintained the order of Trial Court---Plaintiff contended that defendants, foreign companies, were doing business abroad and were not maintaining assets in Pakistan, except the franchise fee payable by defendants (franchise holders) which be attached till pendency of the suit to make recovery of damages possible in case decree was passed---Validity---Names of defendants, franchise holders, had already been deleted from array of defendants; thus, case of plaintiff to the extent of attachment of franchise fee before could not proceed---Plaintiff had claimed damages only against defendants, foreign companies---Plaintiff, in case a decree was passed, might file application for execution of decree for attachment or execution of decree against the franchise fee---Restraining order, as the suit had not been decreed so far, could also not be passed on probability---Appeal against order was dismissed in circumstances. THIS ORDER PASSED BY: MUHAMMAD KHALID MAHMOOD KHAN, JUSTICE:----------- Through this First Appeal against Order, the appellant has assailed the order dated 13.3.2013 whereby the learned trial court dismissed the appellant's two applications one under Order XXXIX, Rules 1 and 2, C.P.C. and the other under Order XXXVII, Rule 5 and Order XL Rule 1, C.P.C. 2. The appellant filed a suit for recovery of damages allegedly sustained due to violation of a Letter of Intent dated 01.10.2010 executed between the appellant and respondents Nos.1 and 2. Respondents Nos.3 and 4 have…

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