Law:

Section:

Civil Procedure Code (V of 1908)-------O. VII, R.2---Suit for recovery of amount---Defendant filed its written statement and after settlement of issues matter was fixed for recording evidence---Notice of intimation was served on defendant through substituted service, but he did not appear to defend suit against him---Service on defendant, having been held good, Court ordered to proceed against defendant ex parte and plaintiff was directed to file affidavit in ex rte proof and officer of plaintiff filed said affidavit in ex parte proof---Validity---Claim of plaintiff as stated in the affidavit, having remained unchallenged, there was no legal infirmity in the claim of plaintiff---Suit was decreed as prayed for in the plaint against defendant with costs together with 6% mark-up from the date of filing of suit till recovery of entire decreed amount. Samiuddin Sami for Plaintiff. Defendants called absent. Date of hearing: 6th December, 2005. JUDGMENT FAISAL ARAB, J.--The plaintiff performs the functions of receiving, storing, inspecting, handling, clearing forwarding and shipping rice for exports out of Pakistan, under contract, dated 12-11-1984. The defendant No.2 was appointed by the plaintiff as handling agent for the rice crop of 1984-85 season at Bin Qasim Rice Godowns. As defendant No.2 failed to perform his work as per terms of the contract, his contract was cancelled on 16-2-1985. To ensure that the export of rice may not suffer and to minimize the losses, the work was got done through defendant No.3 who performed the work on ad hoc basis up to 16-7-1985. Thereafter, the plaintiff invited tender No.RECP-5/M&M/ 84-85 at the risk and cost of defendant No.2. It was stated in the Tender Notice that the successful bidder shall take over the stocks of rice of 1984-85 crop and the previous crops on the basis of book balance certified by the Reserve Stock Accounts of the plaintiff Corporation. With this pre-condition of accepting the stocks as shown in the account books duly certified by "Reserve Stocks Accounts" the defendant No.1 and other handling contractors submitted their tenders. The defendant No.1 submitted unconditional offer to perform the work of…

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