FAYSAL BANK LIMITED vs DYNASEL LIMITED S — 2025 PLD 263 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PLD 263 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PLD
Parties: FAYSAL BANK LIMITED vs DYNASEL LIMITED S
Subject matter: Civil
Provisions referred to: S. 9---C; S. 128---S; Civil Procedure Code (V of 1908); Contract Act (IX of 1872)

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

FAYSAL BANK LIMITED VS DYNASEL LIMITED S. 9---Civil Procedure Code (V of 1908), O.II, R.2---Contract Act (IX of 1872), S. 128---Suit for recovery of finance---Liability of surety---Joint cause of action---Plaintiff/bank filed suit against principal borrowers and surety for failure to repay finance facilities---Validity---Plaintiff/bank by provisions of O. II, R. 2, C.P.C. was precluded from splitting claim which had its foundation in joint cause of action against all defendants---Provision of Explanation to O. II, R. 2, C.P.C. supported case of plaintiff/bank in treating cause of action against all defendants as unified and joint---Plaintiff/bank proved its case against defendants for recovery of amounts under finance facilities in question and mark-up under Running Finance facility in addition to preliminary decree that was passed earlier---High Court decreed the suit in favour of plaintiff/bank and against defendants, jointly and severally---Suit was decreed accordingly.

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