Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.2

Civil Procedure Code (V of 1908)--- ----O. VII, R.2---Money suit---Contract for construction of road---Damages, recovery of---Scope---Plaintiffs were awarded contract for construction of road---Contention of plaintiffs was that due to law and order situation in the area, insurgents fired rockets and missiles on the labour and machinery which resulted in stoppage of work and government, in circumstances, was responsible to pay damages---Suit was dismissed by the Trial Court---Validity---Plaintiffs could not deviate from the terms and conditions of contract agreed upon between the parties---Law and order situation, if any, could have been handled with the help of local administration---Plaintiffs instead of resorting to legal course, opted an easy and shortcut way to sue the government with another unjustified demand that they be accommodated by awarding another contract---Such demand was not only beyond the scope of contract awarded to the plaintiffs but beyond the premises of law---Plaintiffs had failed to establish their claim through reliable and confidence inspiring evidence and did not approach the Court with clean hands by suppressing material facts with regard to award of actual contract---Plaintiffs were not entitled for the relief claimed for---Impugned passed by the Trial Court was based on proper appreciation of evidence---Appeal was dismissed in circumstances. THIS JUDGMENT PASSED BY: NAZEER AHMED LANGOVE, JUSTICE:---.--- Instant appeal is directed against the judgment/decree dated 19th March, 2012 passed by learned Civil Judge-II, Quetta whereby the suit filed by the appellants was dismissed. 2. Brief facts of the case are that the Government of Balochistan advertised the tender in daily newspapers in respect of construction of 10 km road from Sharug to Murdar via Gumbati. The plaintiff/appellant No.1 also participated in the process and succeeded to obtain the contract. After observing Codal formalities he along with the plaintiff No.2 started construction of road with mutual consent as co-sharers. It was further stated that due to worst law and order situation in the area, insurgents fired rockets and missiles on the labours and machinery of the…

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