Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.2

Civil Procedure Code (V of 1908)--- ----O. VII, R. 2---Money suit---Plaintiff was bound to prove that suit amount was outstanding against the defendants which he failed to prove---Evidence produced by the plaintiff was not sufficient to grant decree as prayed for---Trial Court had rightly dismissed the suit of plaintiff---Appeal was dismissed in circumstances. THIS ORDER PASSED BY: MUHAMMAD ALAM, J.--- This is a Civil First Appeal against judgment/decree dated 20-10-2011, passed by the Civil Judge First Class Skardu in Civil Suit No.51/2010, whereby, suit of appellant was dismissed. 2. It is not disputed that initially appellant/plaintiff, hereunder referred as appellant, filed a suit for rendition of accounts but through order dated 10-06-1999, the learned Supreme Appellate Court of Gilgit-Baltistan directed for filing suit for recovery of the suit amount and accordingly appellant amended the plaint in the light of petition dated 16-06-2004 for amendment of plaint. Respondents contested the suit and filed written statement, wherein, admitted paras No.1 to 3 of the plaint while embodied their defense in paras Nos.4 and 5 of the parawise written statement. From joint perusal of pleadings of parties, the crux of the case in hand is that respondents defended the case on the plea that the suit contract was for payment of the lump sum amounts to the respondents in consideration of specific work described in the contract to be done by the appellant while appellant averred that the suit amount is payable on the basis of labour supply agreement dated 14-09-1988. Learned trial court framed issues at two times and the issues in field are issues framed on 06-03-2007. The first agreement between parties is dated 01-09-1988, marked as Exh.D/1 or Exh.D/2 or Exh.P/2. 3. Issues framed on 06-03-2007 are as under:- 1. Whether the plaint has not been drafted in accordance with law as such the suit is not maintainable? OPDs 2. Whether the plaint has not been drafted in accordance with the order of Hon'ble Chief Court dated 10/06/1999, hence not maintainable? OPDs 3. Whether the plaintiff has sought different claims in the amended plaint which has changed the nature of the suit,…

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