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MESSRS SINDH ENGINEERING (PVT.) LTD. versus OTIS ELEVATOR COMPANY


O VII, R 11, O II, R 2 & O XXIII, R 1 La Reform Ordinance (XII of 1972), Declaration of Section 3 suit and claim of dismissal after dismissal of order injunction filed by the plaintiff Was previously withdrawn and on the application made by the respondent under VIII, R11, CPC, the High Court, after two years unconditionally against the same plaintiff for recovery of the money, OXX XXII. , R 1, CPC unconditional plaintiff by filing an application under the claimant. The plaintiff's contention was that she had previously filed a lawsuit only for declaration and injunction, while in the subsequent case the plaintiff claimed damages against the defendant, for various reasons. And that the High Court was not justified in dismissing the plaintiff. The plaintiff, in the first case who was unconditionally withdrawn, while seeking a declaration, as a result of which / the amount claimed by the plaintiff in the present trial is also payable and payable on this date. Previously a lawsuit was withdrawn unconditionally by the plaintiff and consequently a claim regarding the agency's contract was reached between the parties which had previously been terminated by the plaintiff. Had withdrawn his previous case unconditionally. In connection with any claim relating to the agency agreement between the plaintiffs, even in the latter case the plaintiff did not state that the plaintiff had been charged with the cause of action after withdrawing the previous case. Could not file a lawsuit because of a pre-existing action

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