| Case ID |
0a913202-0c0b-4334-abb1-dc512bc9bb32 |
| Body |
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| Case Number |
Regular First Appeal No. 40 of 2012 |
| Decision Date |
Apr 29, 2017 |
| Hearing Date |
Mar 22, 2017 |
| Decision |
The appeal was dismissed by the Balochistan High Court. The court found that the plaintiffs had failed to adhere to the terms of the contract and did not provide sufficient evidence to support their claims for damages caused by insurgent attacks. The plaintiffs were found to have not approached the court with clean hands, as they suppressed material facts regarding the contract and the situation leading to their claims. The trial court's judgment was upheld, indicating that the plaintiffs' demands were beyond the scope of the initial contract and lacked legal grounding. |
| Summary |
In the case of Regular First Appeal No. 40 of 2012, the Balochistan High Court addressed a dispute involving a contract for the construction of a road awarded to the plaintiffs, Abdul Rahim and another party. The plaintiffs claimed damages due to insurgent attacks that halted their work. The court evaluated the plaintiffs' claims against the backdrop of the Civil Procedure Code (V of 1908), specifically Section O.VII, R.2, which governs money suits. The court determined that the plaintiffs had not complied with the contractual obligations and had not presented credible evidence to support their claims. The judgment highlighted the importance of adhering to contractual terms and the necessity for claimants to approach the court with transparency and integrity. Ultimately, the court dismissed the appeal, reaffirming the trial court's findings that the plaintiffs were not entitled to the relief sought. This case underscores critical principles in contract law and the standards of evidence required in civil proceedings. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD EJAZ SWATI,
NAZEER AHMED LANGOVE
|
| Lawyers |
Muhammad Saleem Balochi, A.A.G.
|
| Petitioners |
ANOTHER,
ABDUL RAHIM
|
| Respondents |
2 OTHERS,
GOVERNMENT OF BALOCHISTAN,
CHIEF SECRETARY BALOCHISTAN
|
| Citations |
2017 SLD 1855,
2017 PLD 105
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.VII,R.2
|