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was with Mrs. Sajida Ahmed. the defendant and that the same
was not given to her. On the other hand, Mrs. Sajida has stated
that she has never seen this agreement before and that she was
ready to take special oath also. On this, Mrs. Rubina also stated
that she was also ready to take special oath. These are questions
of fact. which need to be determined. These questions can only
be determined after evidence is led. Both the plaintiff and the
defendant are willing to take Special Oath, which in itself shows
that one of the parties to the proceedings is incorrect.
[if !supportEmptyParas] [endif]
2. However, the case has been argued at length on the question
of law on the presumption that the agreement has been executed.
The question could, however, arise, as to why I presume the
existence of the agreement. I have seen the attested copy and
had asked Mrs. Sajida Ahmad to sign on the reverse of the
photocopy of the agreement filed with the plaint. I have
compared the signatures and find that they are similar. My
assessment is, however, only for the purpose of deciding this
application, but shall not have any effect on the eventual
outcome of the case- There is on record the said agreement,
which takes away the right of Mrs. Sajida Ahmed to open any
school in P.E.C.H.S. or its adjoining vicinity and/or to use the
name and style of the word 'Accel in any such school which she
may open or run outside the area mentioned and also by any
means not to use the above name in Pakistan. Earlier I had
passed an order on 27-7-2001 on the basis of the fact that, it was
reported by the bailiff that the notice had been refused. Ex parte
order having been passed, that she was restrained from opening
a school at 142/C, Block-2, P.E.C.H.S., Karachi or anywhere
else in P.E.C.H.S. or its adjoining vicinity and would not use the
name 'Accel' in any other school outside P.E.C.H.S. area. The
order was passed on the basis of aforesaid agreement. The
application being C.M.A. 5889 of 2001 has been made for
modification of the said order, in para. 5 of the supporting
affidavit, the said Mrs. Sajida Ahmad had stated that she had no
intention whatsoever to open a school at 142, P.E.C.H.S. or
anywhere else in P. E. C. H. S., Karachi or its adjoining vicinity