' AZIZ-UR-REHMAN, J. --- Exemption is granted subject to all just exceptions.
2. Learned counsel for the plaintiff does not press this application U/O. 39, Rules 1 & 2, CPC R/W Section 151, CPC. Accordingly the same is dismissed as not pressed.
3. By means of this application U/S. 10 of the F10, 2001, bearing CMA No. 12257/2012, the Defendant is seeking unconditional grant of leave to defend in the suit. The plaintiff has filed the present Suit for rendition. Declaration, settlement of accounts, damages and permanent injunction. Per averments made in the 'Plaint', on account of alleged arbitrary acts and actions committed by the Defendant, the plaintiff has suffered heavy financial losses. The detail of such damages/losses on account of the wilful and deliberate conduct of the defendant/bank has been given in 'Para No. 29' of the Plaint. The alleged damages claimed in the suit is in the sum of Rs. 53,520,000/-. In the leave to defend application inter alia the claim of damages/losses has been vehemently denied. In view of this position, since the plaintiff claiming damages of Rs. 53,520,000/-, therefore, the leave to defend in the suit is granted in view of the fact that damages requires evidence in 'pro' and 'contra' thereof.
' The leave to defend application bearing CMA No. 12257/2012 is treated as 'written statement' on behalf of defendant. Out of the pleadings the following issues are settled:---
(1) Whether there is any previty of the contract between the parties?
(2) Whether the Plaintiff has suffered any damages? If yes, to what extent and on what account?
(3) Whether the Plaintiff is entitled for any other relief(s), as claimed?
(4) What should the decree be?
' By consent and as suggested, Mr. Ziad Khan Abbasi, Advocate is appointed as Commissioner for recording of evidence of the parties. Learned counsel for the plaintiff is directed to provide copy of "pleadings" and "issues settled today" to the learned Commissioner. Parties are also directed to file their 'list of witness(es)' within 15 days and supply copies thereof to the learned Commissioner. The fee of the Commissioner is fixed at Rs. 15,000/- [Rupees Fifteen Thousand only], per witness to be borne by the parties for their respective witness(es). Parties are, at liberty to file their 'affidavit-in- evidence' of witness(es) alongwith 'good legible copies' of documents, if any, however, originals thereof are required to be produced at the time of recording of evidence. The learned Commissioner is empower to summon any of the witness(es) named in the 'list of witnesses', however, through the aid of office of this Court. The learned Commissioner is given a period of 'Six
(06) months from the date of receipt copy of this order for executing and returning of the commission. The learned Commissioner is also authorized to impose cost upto a sum of Rs. 5,000/- [Rupees Five Thousand only] on any of the parties who seeks un-necessary adjournments or otherwise, exercises delaying tactics.