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PAK-TELECOM MOBILE LIMITED vs DYNAMIC ENGINEERING SERVICES Ss — 2024 CLC 1340 ISLAMABAD

Case information

Citation
2024 CLC 1340 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLC
Parties
PAK-TELECOM MOBILE LIMITED vs DYNAMIC ENGINEERING SERVICES Ss
Subject matter
Civil
Provisions referred to
Contract Act (IX of 1872); 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

PAK-TELECOM MOBILE LIMITED VS DYNAMIC ENGINEERING SERVICES Ss. 10, 42 & 54---Contract Act (IX of 1872), Ss. 15 & 16---Civil Procedure Code (V of 1908), O.VI, R.4---Suit for recovery of money, declaration and injunction---Coercion and fraud---Proof---Respondent / plaintiff filed suit against appellant / defendant on the plea that agreements in question were signed by fraud, undue influence and coercion---Suit was decreed by Trial Court in favour of respondent / plaintiff---Validity---Party complaining of having executed an agreement as a consequence of coercion or undue influence exerted by beneficiary of such agreement is expected to lose no time in seeking its cancellation---Though suit for declaration and recovery was filed by respondent / plaintiff within limitation period prescribed by law but no plausible explanation was presented by respondent / plaintiff for two-month delay in filing the suit---Such delay was of significant importance as respondent / plaintiff was seeking declaration, which was an equitable remedy---If a party claims that he entered into an agreement as a result of coercion and undue influence, then he should immediately file suit for cancellation of such agreement---Respondent / plaintiff was unable to prove coercion, undue pressure or absence of free will in signing the agreement, undertaking and modification deed---Prayer of declaration made by respondent / plaintiff with respect to modification deed and recovery of Rs.75,377,250/- could not have been allowed by Trial Court, in circumstances---High Court set aside the judgment and decree passed by Trial Court in favour of respondent / plaintiff---Appeal was allowed, in circumstances.

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