Law: Civil Procedure Code (V of 1908)

Section: 10

(a) Civil Procedure Code (V of 1908)--O. XXXIX, R.10, S.151, O.XXIX, R.2 & O.VII, R.11---Application on behalf of plaintiff company under O.XXXIX, R.10 read with S.151, C.P.C. praying therein that until the disposal of the suit, defendants/ Auditors of the company be directed to deposit in Court all registers, documents and correspondence, including but not limited to correspondence addressed by and to the Company Registration Office in respect of the plaintiff's, records related to such of the company's as were required by the Companies Ordinance, 1984 to be maintained at the Registered Office of a Company, and kept by defendant in its capacity as the custodian of the plaintiff's statutory records and, once the same had been deposited, to permit the plaintiff to make photocopies of the same---Defendant claimed right of lien---Record showed that documents in question were required to be produced by the plaintiff before a Court in England where the proceedings between the plaintiff and the Government of Pakistan (as a guarantor for a corroboration) were pending---Plaintiff, in circumstances, was entitled to the relief sought for---Non-compliance of O.XXIX, R.2, C.P.C. by the plaintiff, however, had resulted in the rejection of the plaint of the plaintiff which rendered the application infructuous and liable to be dismissed---Contention of the defendant claiming the right of lien would not require any finding in circumstances. Abdul Rahim and 2 others v. Messrs United Bank Ltd. of Pakistan PLD 1997 Kar. 62; Cementation Intrafor and others v. Indus Valley 1989 MLD 4906; Messrs Taurus Securities Limited v. Arif Saigol and others 2002 CLD 1665; All India Reporter Ltd. and another v. Ramchandra Dhondo Datar AIR 1961 Bom. 292; Messrs Muhammad Siddiq Muhammad Umar and another v. the Australasia Bank Ltd. PLD 1966 SC 684; The Central Bank of India Ltd. v. Messrs Taj-ud-Din Abdur Rauf and others 1992 SCMR 846; Khan Iftikhar Hussain Khan of Mamdot v. Messrs Ghulam Nabi Corporation Ltd. PLD 1959 SC (Pak.) 258 and H.M. Ebrahim Sait v. South India Industrials Ltd. AIR 1938 Mad. 962 distinguished. Messrs V.N. Lakhani & Co., Karachi v. Government of Pakistan and 2…

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