Case ID |
738dec99-d457-4147-8408-cb9ded9a237d |
Body |
View case body. Login to View |
Case Number |
Suit No. 315 of 2000 |
Decision Date |
Jan 28, 2019 |
Hearing Date |
Sep 18, 2018 |
Decision |
The High Court declined to give any finding on relevant issues as the defendants had already paid the share of the plaintiff to him, thus dismissing the suit. The plaintiff was seeking recovery of an amount of Rs.30,01,859 from the defendants based on an earlier agreement. The court found that the earlier agreement had been novated in accordance with Section 62 of the Contract Act, 1872, and that the subsequent agreement did not contain clauses that would preserve the original agreement's terms. The court highlighted that the parties had released each other from any claims, obligations, or undertakings, leading to the dismissal of the suit without costs. |
Summary |
In the case Suit No. 315 of 2000 before the Sindh High Court, the plaintiff sought recovery of Rs.30,01,859 based on a previous agreement with the defendants. The High Court, presided over by Justices Muhammad Faisal Kamal Alam and S. M. Inamulhaq, analyzed whether the claim was maintainable following a subsequent agreement that novated the earlier contract under Section 62 of the Contract Act, 1872. The court concluded that since the earlier agreement was novated and the parties had mutually released each other from claims, the suit was dismissed as the defendants had already fulfilled their obligations. This case underscores the importance of understanding contract novation and the implications of subsequent agreements in legal disputes. The decision is pivotal in clarifying how agreements affect claims over time, emphasizing the need for clarity in contractual terms and the consequences of waiving rights under previous agreements. |
Court |
Sindh High Court
|
Entities Involved |
Not available
|
Judges |
Muhammad Faisal Kamal Alam,
S. M. Inamulhaq
|
Lawyers |
Syed Muhammad Abbas Haider
|
Petitioners |
Syed Muhammad Abbas Haider
|
Respondents |
Another,
Mirza Amjad Baig
|
Citations |
2019 SLD 2871,
2019 MLD 1914
|
Other Citations |
PLD 2004 SC 465,
PLD 2011 SC 296,
PLD 2013 Sindh 513,
1993 MLD 643,
2002 CLC 1770,
2018 SCMR 1586,
2015 PCr.LJ 1240,
2003 PCr.LJ 1353
|
Laws Involved |
Contract Act, 1872,
Evidence Act, 1872,
Civil Procedure Code, 1908
|
Sections |
62,
78,
81,
O.XXIII
|