Law: Civil Procedure Code (V of 1908)

Section: 6

Civil Procedure Code (V of 1908)--- ----O.XII, R.6---Suit for recovery of foreign currency, interest and damages---Admission---Phrase without waiting for the determination of any other question between the parties---Set off---Effect---Plaintiff company sought decree on admission of defendant for recovery of consideration of goods supplied to defendant---Defendant raised plea of set off to recovery sought by plaintiff---Validity---Admission was unambiguous, categorical and unconditional and mere presence of plea of set-off was not suffice to defeat application under O. XII, R. 6, C.P.C. lest the words without waiting for the determination of any other question between the parties appearing therein would become meaningless---In final analysis, a decree under O. XII, R. 6, C.P.C. would remain a discretion of the Court, and it could be that given the facts of a particular set-off before it, the Court was not inclined to exercise such discretion---Admission made by defendant in the present case was unambiguous, categorical and unconditional---Equitable set-off sought by defendant was no impediment---High Court passed a partial decree of USD 100,665.30/- or Pak Rupees equivalent thereof as on the date of payment, plus interest at the rate of 10% per annum from the date of suit until realization or Pak Rupees equivalent thereof as on the date of payment---Application was allowed accordingly. Macdonald Layton, Company Pakistan Ltd. v. Uzin Export-Import Foreign Trade Co. 1996 SCMR 696; Khalil (Pvt.) Ltd. v. M.V. WALES II 2012 CLD 276 and Qatar Airways v. Genyis International (Pvt.) Ltd. 2002 CLC 449 rel. ORDER ADNAN IQBAL CHAUDHRY, J.---The suit is for recovery of price of goods. By C.M.A. No. 2530/2020 under Order XII, Rule 6, C.P.C., the Plaintiff prays for a decree on admission to the extent of Prayer (a) of the plaint or such other amount as this Honble Court considers is admitted by the Defendant in the suit. The prayer in clause (a) is for USD 330,805.30 together with interest @ 17% per annum from the date it became due till realization. 2. It is not disputed that under 6 proforma invoices agreed upon in March and April of 2016 as listed in para 2.3 of the…

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