Case Details

Citation(s)
2016 SLG 835 2016 SLD 835 2016 CLD 606
Lahore High Court
Civil Revision No. 1183 of 2012, decided on 11th February, 2015.
MUHAMMAD KHALID MAHMOOD KHAN, J
Tariq Iqbal for Petitioner. Syed Hassan Ali Raza and Asad Javed for
Respondents Nos.1 and 2. Hafeez-ur-Rehman Ch. for
Respondent No. 3. Rustam Khan Parhar for
Respondent No. 4.

LAHORE REGENCY (PRIVATE) LIMITED through Managing DirectoR

VS

WYNDHAM HOTEL through President and Managing Director and 3 others

Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. I, R. 10 & O. VII, R. 11---Suit for damages---Impleadment of parties---Rejection of plaint---Names of defendants were deleted from suit and plaint was rejected to their extent---Validity---Plaintiff, a private limited company filed suit for damages on ground that defendants, foreign companies, had failed to fulfil their part of undertaking as agreed upon through a Letter of Intent, and other defendants were franchise holders, had represented said foreign companies in Pakistan---Defendants, franchise holders, filed application under O. I, R. 10 & O. VII, R. 11, C.P.C. on the ground that they were neither privy to the contract between plaintiff and the foreign companies, nor were they representing them in Pakistan, which was allowed by Trial Court and their names were deleted from array of defendants---Plaintiff contended that defendants, franchise holders, being representative agents were liable to pay decretal amount, in case the suit was decreed---Validity---No agreement existed between plaintiff and defendants, franchise holders, who had stated that they were not agents of defendants, foreign companies, and being franchise holder, they were only their licensee---Plaintiff could not implead the franchise holders, as there was no grievance against them---Present suit was, therefore, not maintainable against the franchise holders---High Court observed that plaintiff might got attached franchise fee payable to defendants, foreign companies by defendants, franchise holders, in case present suit was decreed---Revision petition was dismissed in circumstances. ORDER MUHAMMAD KHALID MAHMOOD KHAN, J.---Through this Civil Revision the petitioner has assailed the order dated 06.3.2012 whereby the application of respondents Nos.3 and 4 under Order VII, Rule 11 and under Order I, Rule 10, C.P.C. was allowed. 2. The petitioner is a private limited company, incorporated under the Companies Ordinance, 1984 having its registered office at Lahore, filed a suit for recovery of damages amounting to 10 Million U.S$ equivalent to Rs.850 Million, suffered due to violation of letter of intent dated 01.10.2010, claiming that…
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