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BANK ALFALAH LIMITED, LAHORE through Muhammad Rafiq and Syed Aqeel Abbas vs PUNJAB SMALL INDUSTRIES CORPORATION Ss — 2023 PLD 61 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PLD 61 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PLD
Parties
BANK ALFALAH LIMITED, LAHORE through Muhammad Rafiq and Syed Aqeel Abbas vs PUNJAB SMALL INDUSTRIES CORPORATION Ss
Subject matter
Civil
Provisions referred to
Civil Procedure Code (V of 1908)

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

BANK ALFALAH LIMITED, LAHORE through Muhammad Rafiq and Syed Aqeel Abbas VS PUNJAB SMALL INDUSTRIES CORPORATION Ss. 54 & 62---Civil Procedure Code (V of 1908), O.XXIII, R.1(3)---Suit for recovery of money---Reciprocal promises---Novation, recission and alteration---Performance of contact---Principle---Dispute was with regard to investment along with profit at market rate from date of maturity of Deposit Certificates---Trial Court decreed the suit in favour of respondent/plaintiff---Plea raised by appellant/Bank was that letter relied upon by respondent/plaintiff was not an offer rather it was a pre-contract and invitation to investment---Validity---When parties to a contract agreed to substitute a new contract in place of previous one, then performance of original contract was dispensed with---Where modified contract did not possess any independent contractual force then modified contract was read into the original contract except in so far the terms were inconsistence with the modifications---After compromise agreement, rules governing Profit and Loss Sharing Term Deposit were not applicable to the profit of 15% per annum on Deposit Certificates---No default of reciprocal obligations under the compromise agreement---Respondent/plaintiff was entitled for 15% profit regardless of terms given in Account Opening Form and certificates---Earlier suit filed by respondent/plaintiff was withdrawn without permission to file fresh suit, in that earlier suit, respondent/ plaintiff challenged various letters issued by appellant/Bank about revised rates, whereas subsequent suit was regarding recovery of profit amount, which was absolutely a different cause of action---Suit was not hit by O.XXIII, R.1(3), C.P.C.---Issues for which onus to prove was on appellant/Bank and no evidence was produced by appellant/Bank to support such issues, the same were lawfully decided by Trial Court against appellant/Bank---High Court declined to interfere in judgment and decree passed by Trial Court---Appeal was dismissed accordingly.

Other judgments reported in 2023 PLD

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