Law: Qanun-e-Shahadat (10 of 1984)

Section: 129

(a) Qanun-e-Shahadat (10 of 1984)---

---Art. 129---Suit for damages---Presumption by Court---Plaintiff obtained finance facility from defendant-Bank to establish a spinning unit---Sanction letter was issued by the defendant-Bank, wherein it was agreed that finance facility would be provided for imported as well as locally manufactured machinery---Plaintiff asserted that defendant- Bank failed to complete its obligation and due to that the plaintiff had suffered heavy losses---Contention of the plaintiff was that the Court had to presume that the machinery covered 6y the two facilities could not be used separately for the reason that the grant of both the facilities was sanctioned through common document--Validity---In absence of some tangible proof, such presumption would be too far-fetched and the same could not be drawn in circumstances.