RAFIQUE HAZQUEL MASIH versus BANK ALFALAH LTD.
Section 19 of the Contract Act (XX of 1872), section 128 constitution of Pakistan (1973), Article 185 (3), the request for binding guarantees was enjoined by the execution of the guarantors, submitted by the petitioner. The request was that the principal should not have taken any action against him, before taking action against him. After promising to guarantee bail, it was not open to the applicant to abolish bail and to issue bail under section 128 of the Contract Act, 1872. Unless the original debt is provided by this agreement, no guarantor can comply with this request, unless there is a specific condition or equity consideration in the loan agreement. Because the applicant bank gave only the loan. In the absence of a guarantee and guarantee letter / contract, the bank may not have approved the loan. The leave to appeal was denied.
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