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2009 CLD 329

Dr. SHAKEEL AHMED SIDDIQUI and anothers vs PAK LIBYA HOLDING COMPANY

Citation2009 CLD 329
CourtSindh High Court
Case No.Suit No,B-55 and C.M.A. No,9275 of 2008 C.M.A. No,9275 of 2008 M.A.
Date2008-10-20
Judge(s)Amir Hani Muslim
ResultApplication allowed

ORDER

1. AMIR HANI MUSLIM, J.---The learned counsel for the plaintiff states that this application for grant of leave to defendant is barred by eight days. The learned counsel for the defendant on the other hand states that he has calculated time from the date of publication and according to him the application is within time. In fact there are four different dates upon which the defendant was served and the period in between do not run in months, but in days therefore, this issue can also be framed because the plaintiff either could not lay hands on any judgment in either way except the judgment of the Honourable Supreme Court reported in 2002 SCMR Page 476 relevant at Page 478-A. Additionally in the suit, damages have been claimed, which are required to be quantified by leading evidence. There are other questions, which are raised in the leave to defend application.

2. Since the parties have to lead evidence on the question inclusive of the issue of buy back price I therefore, allow this application for the aforesaid reasons. Matter is posted for issues.

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