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MERCK SHARP AND DHOME CORPORATION vs HILTON PHARMA (PRIVATE) LIMITED O — 2022 PLD 84 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 84 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
MERCK SHARP AND DHOME CORPORATION vs HILTON PHARMA (PRIVATE) LIMITED O
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MERCK SHARP AND DHOME CORPORATION VS HILTON PHARMA (PRIVATE) LIMITED O.XXV, R.1---Security for costs, imposition of---Principle---Court can make an order for security of costs at any stage of the suit---Such order can be made either on application of defendant or of its own motion by Court and the same is to cover all costs incurred and likely to be incurred by any defendant but not the amount of any claim or decree---No amount is to be paid to defendant and all that O.XXV, R. 1, C.P.C. does at such stage is to secure costs incurred and likely to be incurred by defendant in defending a claim filed by a foreign plaintiff who does not possess any sufficient immovable property within Pakistan---Provision of O.XXV, R.1(1), C.P.C. applies to all kinds of suits and not just a suit for payment of money, which restriction has been imposed by Legislature under O.XXV, R.3, C.P.C. in relation to suits where plaintiff is a woman---Whether or not to make an order for security of costs under O.XXV, R. 1, C.P.C. is a discretion of Trial Court---In every case where defendant has to defend with no real prospect of being able to recover costs in the event of success, an order of security for costs has to be passed as a general rule and an exception with reason to be recorded. Head Notes

Other judgments reported in 2022 PLD

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