| Citation(s) |
|---|
| 1999 SLG 879 1999 SLD 879 1999 CLC 844 |
Sindh High Court
Suit No.638 of 1996, decision dated: 15-05-1997
RANA BHAGWAN DAS, J
M.R. Zia Rana for Plaintiff.S.A. Sarwana for Defendant No. 1. Iqbal L. Bawaney for Defendants Nos.5, 12, 24, 32, 33 and 35 Anwar Mansoor for Defendants Nos.7 and 15. Khurshid Anwar for Defendant No. 23. Masood Shahreyar for Defendants Nos.27 and 37. Faizu
Suit No.638 of 1996, decision dated: 15-05-1997
RANA BHAGWAN DAS, J
M.R. Zia Rana for Plaintiff.S.A. Sarwana for Defendant No. 1. Iqbal L. Bawaney for Defendants Nos.5, 12, 24, 32, 33 and 35 Anwar Mansoor for Defendants Nos.7 and 15. Khurshid Anwar for Defendant No. 23. Masood Shahreyar for Defendants Nos.27 and 37. Faizu
Haji MUHAMMAD SADIQ----Plaintiff
VS
VISA INTERNATIONAL and others----Defendants
Law:
Section:
(a) Damages------- Suit for recovery of damages---Plaintiff had filed a suit against various Banks, brokerage houses, Investment Banking Companies and a discount house---Certain Traveller Cheques of plaintiff which were issued by a Bank were either not cashed or were dishonoured---Bank which issued the Traveller Cheques had gone into liquidation, after being ordered to be wound up by a competent Court of law---Effect---No proceedings could take place and plaintiff could lay his claim before Official Liquidators ---Suit was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----0. I, R.10(2)---Parties improperly joined---No cause of action was alleged against other defendants---Suit was not maintainable against such parties which was dismissed with special costs in circumstances. (c) Civil Procedure Code (V of 1908)--- ----0. VII, R.9 read with RAI ---Admissions of suits---Office to scrutinise the contents of plaint in each case judiciously---Wrongful admissions of suits result in wastage of time which cannot be measured in terms of coins. ORDER This is a suit for recovery of Rs.50,00,000 in respect of Traveller Cheques guaranteed by Visa International, San Francisco California, U&A., by way of damages for loss of business and permanent injunction against Visa International, B.C.C.I. through its liquidators, State Bank of Pakistan, various private Banks established in Pakistan, a number of Brokerage Houses, Investment Banking Companies and a Discount House. In respect of defendants Nos.l, 5, 12, 14, 22, 24,- 27, 32, 33 and 35 there are separate applications for striking out such defendants from the array of parties for the main reason that B.C.C.I. is being wound up by an order of Grand Court of Cayman Islands and its assets are now being managed by the Liquidators and that all other defendants have no privity of contract with the plaintiff and in fact no cause of action has been shown to exist against such defendants. 2. Perusal of the plaint indicates that the plaintiff got issued certain Travellers Cheques from B.C.C.I., which were either not cashed or dishonoured. The value of such cheques has been shown in the plaint to be U.S. $…
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