Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XV, R. 1, O, XII, R. 2 & O. XXI----Suit for recovery of damages---Admission of documents---Disposal of suit at first hearing---Preliminary decree---Deposit of admitted amount in court---Execution of decree---Plaintiff, a private limited company, filed suit for damages on ground that defendants, foreign companies, had failed to fulfill their part of undertaking as agreed upon through a Letter of Intent, which had resulted in huge loss, and other defendants, being franchise holders, represented said foreign companies in Pakistan---Defendants, foreign companies, on application under O. XII, R. 2, C.P.C. filed by plaintiff, had admitted all documents annexed with the plaint, including receipt of amount of money as part of payment of the franchise agreement; on which, plaintiff filed application under O. XV, R. 1 read with S. 151, C.P.C. for preliminary decree on basis of said admission seeking deposit of the admitted amount in court, which was dismissed by Trial Court---Defendants took plea that the amount paid by plaintiff was non-refundable---Validity---Present suit had already been summarily dismissed against defendants, the franchise holders, by Trial Court under O. I, R. 10, C.P.C.---Defendants, in their reply to present application for preliminary decree, had shown their willingness to refund the disputed amount but with condition that plaintiff would withdraw the suit---Defendants, had no assets in Pakistan, and in case, decree was passed, plaintiff would not be able to get the decree executed against the defendants---Franchise fee being received by the defendants from other defendants, franchise holders, were not ascertainable---Defendants, having been incorporated out of Pakistan, should deposited the amount in court, which would be regulated as per terms of decree---High Court, setting aside order of Trial Court, directed defendants to deposit the amount in dispute with Trial Court---Revision petition was allowed in circumstances. ORDER MUHAMMAD KHALID MEHMOOD KHAN, J.---Through this Civil Revision, the petitioner has assailed an order dated 04.10.2014 of Civil Court, whereby the petitioner's application…

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