Law:

Section:

Civil Procedure Code (V of 1908)-------O. VII, R.2---Law Reforms Ordinance (XII of 1972), S.3---High Court appeal---Suit for recovery of outstanding amount---Respondent, in its suit claimed recovery of amount remaining outstanding against appellant towards supplies made to defendant---Appellant had argued that by mutual consent, distributorship in question was cancelled and respondent had issued certificate stating therein that outstanding amount was actually paid to respondent by appellant and that nothing was outstanding against appellant which was further confirmed by the proprietor of respondent who issued certificate certifying therein that respondent had received all outstanding dues from appellant and nothing remained to be paid to respondent---Suit was decreed by Single Judge with observation that appellants were served in the suit and their Advocate, despite filing his Vakalatnama on behalf of appellants, absented himself on various dates---Single Judge decreed suit tiled by respondents taking into consideration affidavit in evidence filed by respondents in proof of their claim---Held, cases between parties should be decided on merits and the rules and procedure which were framed to foster cause of justice, should sparingly come in the way of dispensation of justice on merits---Appellants had made out a case to allow them leave to defend themselves in suit in order that it could be heard and decided on merits---Allowing the appeal, impugned and decree passed in suit were recalled and appellants were afforded with an opportunity to file written statement within specified period. Wak Orient Power and Light Limited v. Westinghouse Electric Corporation and others 2002 SCMR 1954 and Syeda Tahira Begum and another v. Syed Akram Ali and another 2003 SCMR 29 ref. Asim Mansoor for Appellants. Ghulam Ghous for Respondents. Date of hearing: 12th September, 2005. JUDGMENT AZIZULLAH M. MEMON, J.--- The appellant Libra Enterprises has filed this High Court Appeal against the judgment and decree both dated 6-3-1997 passed by a learned Single Judge of this Court in Suit No.611 of 1995. Heard Mr. Asim Mansoor, Advocate for the appellant and Mr. Ghulam Ghous, Advocate…

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