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SAJID HUSSAIN GILLANI versus SAUDI PAK LEASING COMPANY LTD.


Section 9, 10 and 22 of the Contract Act (IX of 1872), section 128 apply for leave to defend the suit respondents to recover loan amount for loan on certain goods lease (2) lease certain goods from the respondents (1) to which the Appellant and the Defendant (3) after the guarantees and execution documents failed to establish the Defendant's (2) default and reduce the balance, the case was filed by the Defendant. (1) The defendants, both the borrower and the guarantor, had filed leave for the claim of the banking court after filing separate petitions. Knowing that the appellant had failed to extend the plausible reasoning, he dismissed his plea on merit, while the defendants' pleas (2 and 3) were dismissed for illegal prosecution and the appellant and the defendants ( 2 and 3) to jointly and several video suits. Proportional decision first to be recovered from the respondent (2) / original creditors who were on the leased machinery was admitted by the appellant to the respondent executing the guarantee (1) of the provisions of section 128 of the Contract Act. Under this, the guarantee of the bail was extensive with it. The Principal's Appellant could not show from the available record that he was otherwise provided in the letter of bail, nor was the adjudicated case in accordance with the record of this case, but also in accordance with the law on the subject.

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