PACIFIC LEASING COMPANY LTD. THROUGH EXECUTIVE VICE-PRESIDENT versus BRITISH BISCUITS COMPANY (PVT.) LTD. THROUGH CHIEF EXECUTIVE
Section 9 and 10 Contract Act (IX of 1872), Section 25 Civil Procedure Code (VV 1908), Section 11 and O XXI, R 2 Debt Recovery Principle Applying the judgment of justice Deciding the central suit without deciding the petition The lender was a decree passed against the company. Satisfied with court by new administration, withdrawal of execution proceedings, fresh lease agreement was signed by new administration, failure of new administration to fail to fulfill new lease agreement, the financial institution sued the banking court Filed on reserve basis. Under the consideration of section 25 of the Contract Act, 1872, the judiciary's promise to pay a rent in the 48 rent was considered legitimate, not based on the existing suit agreement, which was an earlier case and default. The agreement was binding by the banking court. The error found that he was subjected to the Race Judasta rule and was subject to OCXI, R2, the CPC's decision by the banker was not sustainable in the eyes of the law court. The court had taken action to decide the central case without deciding the pending petitions, disposing of the case without disposing of the pending petitions was a violation of the law's decision and the order passed by the banking court was set aside. And the case was remanded on remand. Appeal was allowed according to the request for leave to defend the case on the merits of the trial and law parameters for the decision of the trial.
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