Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VI, R.4 & O. VII, R.11---Suit for recovery of damages and compensation---Rejection of plaint---Fraud and misrepresentation---Proof---Arbitration proceedings---Defendant contended that no details of fraud were given in plaint and the suit was barred by limitation as Umpire had earlier rendered award on 31-8-2002 and suit was filed on 25-10-2007---Validity---If defendant had promised and was liable to bear, discharge and satisfy obligations and liabilities of another company towards plaintiff, the plaintiff immediately upon acquiring such knowledge, ought to have sued defendant for recovery of amount that was liable to be paid by the company---If maximum benefit was given to plaintiff and limitation for instituting suit against defendant was reckoned not from plaintiff's knowledge during arbitration proceedings but from the date of award, even then suit/claim was to have been instituted / made by plaintiff latest by 30-8-2005---Suit instituted on 25-10-2007 was barred by limitation---Where plaintiff levelled allegation of misrepresentation or fraud, it must specify and mention details of fraud, including dates---Fraud was required to be proved beyond reasonable doubt and not on the basis of surmises, conjectures or suspicion---Plaint was barred by limitation and not compliant of the mandatory requirements of O.VI, R.4, C.P.C.---Plaint was rejected ire circumstances. General Investment Limited v. Karachi Municipal Corporation and 3 others 1993 MLD 1550; Parnamchand Chandiram Marwadi v. Kashinath Deorarm Lonari and others AIR 1922 Bombay 257(1); Javed Iqbal v. Passco and another, 2004 CLC 478; Pak American Commercial (Pvt.) Ltd. through Director v. Humayoun Latif and 7 others PLD 2008 Kar. 540; Arshad Saleem v. Civil Aviation Authority through Airport Manager and another 2011 CLD 1171; Ehtesham Ghazi v. Izharuddin and another 2001 YLR 526; Habib Bank Limited v. Shafiq Textile Mills Ltd. and others 2000 CLC 787; Diamond Rubber Mills v. Pakistan Television Corporation Ltd. and 2 others 1989 CLC 1989; Mst. Khalida Khatoon and another v. Askari Bank Limited and 2 others 2012 CLD 194; Government of NWFP and others v. Akbar…