PROPOSED DRAFT APPLICATION UNDER ORDER 12 RULE 06 CPC

IN THE COURT OF   SENIOR CIVIL JUDGE SOUTH AT KARACHI.

Civil Suit No. 1082/2015

Zeenex International. ……………..               ……        PLAINTIFF

VERSUS

Wateen WiMAX (Pvt). Ltd & One other.   …. ..      DEFENDANT

APPLICATION UNDER ORDER XII RULE 06 C.P.C R/W 151 C.P.C - FOR JUDGMENT ON ADMISSION

Most humbly it s prayed on behalf of the above named plaintiff that that this honorable court may be pleased to pass judgment or to dispose of a lis upon very clear, specific & unambiguous admission made by defendants in their written statements & pleadings for liability to pay the amounts / payments / claim of plaintiff as under:

1.      That the defendant No: 01 has submitted in paragraph No: 03 of its written statement as “It is admitted that the plaintiff had submitted the quotations mentioned in this paragraph”.

2.      That the defendant No: 01 has submitted in paragraph No: 04 of its written statement as “the work orders No: 80020 & 80022 were given to the plaintiff by defendant No: 02 upon the letter head of defendant No: 01”.

3.       That the defendant No: 01 has submitted in paragraph No: 05 of its written statement as “all annexure mentioned therein i.e P/4 to P/26 were issued to the plaintiff by defendant No; 02 and not defendant No: 01. It is further submitted that the four signatures appearing on each of these certificates are from employees / office bearers of defendant No: 02.

4.      That the defendant No: 01 has submitted in paragraph No: 06 of its written statement as “It is retreated that the work done by plaintiff was on orders from defendant No;02, for the benefits of defendant No: 02 , and partly paid for by the said defendant No:02.

5.      That the defendant No: 01 has submitted in paragraph No: 08 of its written statement as “It is pertinent to point out that the plaintiff in this para has clearly admitted that the sites upgraded by it were owned by the defendant No: 02 and only the stationary of defendant No: 01 was being used by defendant No; 02 for getting the upgrading work. It is further pertinent to note that the payments so for received by the plaintiff in respect of its claim has clearly been made by the defendant No: 02 through its own cheque attached as Annexure P/37, and not by defendant No; 01”.

6.      That the defendant No: 01 has submitted in paragraph No: 09 of its written statement as “ It is submitted that whenever the plaintiff approached the defendant No: 01 with its erroneous claim for the payments of its dues outstanding upon the defendant No:02, It was always advised to approach the defendant No:02 instead of wasting its time and recourses with defendant No: 01”

7.      That the defendant No: 02 has submitted in paragraph No: 05 of its written statement as “It is submitted that it is duly testified by a bare perusal of the cheque dated 12-04-2014 and the correspondence exchanged between the representatives of the defendant No:01 and the defendant No: 02 on 20-08-2015 that the payments were made by the defendant No: 02 to the plaintiff at the behest of the defendant No: 01”.

8.      That the defendant No: 02 has submitted in paragraph No: 07 of its written statement as “ It is submitted that vide letter dated 18-09-2015 the representative of the defendant No; 02 clearly, categorically, unequivocally clarified the stance of the defendant No; 02 which is reproduced herein below::

“this is with reference to your office letter dated 26-08-2015, we would like to bring in to your kind notice that the purchase orders for the subject project were signed and issued by Wateen accordingly responsibility of payment in accordance with the terms of said purchase orders lies with Wateen. Please note that initial payment of PKR Rs: 653,683/= was also made on behalf of Wateen against which the request funds were duly provided to Augere Pakistan by Wateen”. 

As it is well settled law that the fact admitted does not require further declaration on oath or solemn affirmation and the admission can be inferred from the facts, circumstances, averments or defense plea taken in written statements of the case. Therefore the prayer is made in the interest of justice.

                                              

Karachi

Dated: 20-05-2017                ADVOCATE FOR PLAINTIFF

    For immediate use in court.

IN THE COURT OF   SENIOR CIVIL JUDGE SOUTH AT KARACHI.

Civil Suit No. 1082/2015

Zeenex International. ……………..               ……        PLAINTIFF

VERSUS

Wateen WiMAX (Pvt). Ltd & One other.   …. ..      DEFENDANT

AFFIDAVIT IN SUPPORT OF APPLICATION UNDER ORDER XII RULE 06 C.P.C R/W 151 C.P.C

I, Kamran Yousuf S/O Sultan Aalam Khan, Muslim, Adult, holding NIC: 42101-6546116-3, having Office at, Suite No: 1/1, Bagh-e-Rizwan, Block-16, Gulshan Iqbal, Karachi, do hereby state on oath as under:

1.   That I say that I am plaintiff in above said case as such am fully conversant with the facts of the case.

2.   That I say that the accompany application under order XII rule 06 CPC R/W 151 C.P.C has been moved on express instructions of the Plaintiff and the contents of the same as well as plaint may kindly be treated as part and parcel of this affidavit.

3.   That I say that I have good prima facie case and balance of convenience lies in my favor.

4.   That I say that until unless the accompanying application is allowed I shall seriously be prejudiced.

5.   That I say that whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.                                                                        DEPONENT

Dated;  20/05/2015.