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2/2013 Suit.B UNITED BANK LTD (Plaintiff) V/S FASHIONWEAR (PVT) LTD & OTHER (Defendant)

Sindh High CourtCivil Law2015

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)

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2/2013 Suit.B UNITED BANK LTD (Plaintiff) V/S FASHIONWEAR (PVT) LTD & OTHER (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 18-SEP-15

Contents of the plaint as well and it appears that the defendant has evasively denied his liabilities in the leave to defend application which is not requirement of Order VIII Rule 4 CPC. Under the law every allegation of fact in the plaint should be denied specifically and if not it would amount to an evasive denial. ---Insofar as the claim of the mark up is concerned as it should be strictly subject to agreement as in chart given as the plaintiff has not cited any agreement to entitle them to claim mark up as sought, however no dispute with cost of funds from the date of default Advocates: Ijaz Ahmed Zahid(ADVO-11135-SBC-KHI),Khursheed Javed(ADVO-8182-SBC-KHI),Syed Aijaz Hussain Shirazi(ADVO-8688-SBC-KHI)

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