Law:

Section:

Civil Procedure Code (V of 1908)--- ----OXXXVII, Rr. 1 & 2 and O.IX, R.6---Ex parte decree---Plaintiff's suit for recovery of specified amount---Defendants having been duly served remained absent---Ex parte proceedings were ordered against defendants---Plaint had been verified on oath and plaintiff had also filed affidavit of ex parte proof alongwith original agreement---Decree for specified amount as claimed by plaintiff was passed against defendants with interest---Order for attachment of defendants' properties was also passed. JUDGMENT This is a suit for recovery of Rs.200,000. As per averments made in the plaint, defendants Nos.2 and 3 have been carrying on business under the name and style of Haji Abdul Majeed & Company defendant No.1. Defendants Nos.2 3 and 4 were entrusted to collect money from various persons promising them monthly profits thereon. Defendant No.4 informed the plaintiff that the defendant No.l have been exporting garments and ate dealing in the business of Sale and Purchase of Land and Cars. Defendant No.2 also informed the plaintiff that he is also the Chairman of Asif Brothers (Pvt.) Limited who had purchased a plot of land situated on Bunder Road for more than a crore on: which he intends to raise construction. In view of the. said incentive offered by the defendant, on 17-8-1987 the plaintiff paid a sum of RS.200,000 to defendant Not in cash for investment in the business of the defendant No.l and executed an agreement with defendant Not who executed in his capacity as partner of defendant No.1. In terns of the said agreement, the defendant agreed to pay 40%…

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