| Case ID |
42fbd375-8727-48c4-82d9-5ac74c7df644 |
| Body |
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| Case Number |
Civil Appeal No.93 of 1987 |
| Decision Date |
Jul 31, 1991 |
| Hearing Date |
Nov 07, 1990 |
| Decision |
The appeal was accepted, restoring the trial court's judgment and decree in favor of the appellant. The Supreme Court ruled that the preliminary decree passed by the trial court was valid and should not have been set aside by the High Court. The court emphasized that the relationship between the parties was contractual, and thus the respondents were not under obligation to render accounts to the appellant. The court noted that the appellant was aware of the work completed and should have filed a suit for recovery of a specific amount rather than a suit for rendition of accounts. The decision highlighted the importance of jurisdiction and the implications of waiving objections in legal proceedings. |
| Summary |
In the case of Civil Appeal No.93 of 1987, the Supreme Court of Pakistan addressed significant issues regarding the maintainability of a suit for rendition of accounts under the Civil Procedure Code, 1908. The case arose from a contract awarded to the appellant, FRIEND ENGINEERING CORPORATION, by the GOVERNMENT OF PUNJAB for specific construction work. Following the execution of the contract, disputes arose regarding payments, leading the appellant to file a suit for rendition of accounts. The trial court issued a preliminary decree; however, the High Court later set this aside, prompting the appeal to the Supreme Court. The Supreme Court found that the relationship between the parties was contractual, negating the need for account rendering. It reinforced the principle that a suit for accounts is only maintainable in cases where a fiduciary relationship exists. The ruling clarified the conditions under which preliminary decrees can be appealed and the importance of timely objections. This case serves as a pivotal reference for contractors and government entities in understanding their rights and obligations in contractual relationships, emphasizing the need for clarity in legal proceedings and the consequences of failing to assert legal defenses timely. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
RUSTAM S. SIDHWA,
MUHAMMAD AFZAL LONE
|
| Lawyers |
Not available
|
| Petitioners |
Messrs FRIEND ENGINEERING CORPORATION
|
| Respondents |
4 others,
GOVERNMENT OF PUNJAB
|
| Citations |
1991 SLD 1537,
1991 SCMR 2324
|
| Other Citations |
Messrs Conforce Ltd. v. Syed Ali Shah and others P L D 1977 S C 599
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
OXX, R.16,
S.97
|