Law:

Section: 117,120

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117 & 120--- Damages, recovery of---Onus to prove---Principle---While insisting damages suffered due to breach of a contract, onus is upon plaintiff to establish the contract; breach thereof; and then details of damages suffered by him in result of such breach. Syed Ahmed Saeed Kirmani's case 1993 SCMR 441 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117 & 120---Suit for recovery of damages---Lump-sum damages---Waiver, principle of---Applicability---Tender---Plaintiff sought damages with reference to an earlier tender, if any, which he himself substituted with the fresh tender---Plaintiff opted not to sue for alleged breach and supplied the items under fresh tender at reduced price---Effect---Plaintiff, in circumstances, waived his right to object the breach, if any---Plaintiff though failed to prove any of the two tenders being sufficient to hold him entitled for damages, however, plaintiff also took the plea of hardship and mental agony but no details were furnished about the loss suffered/damages sustained by him at the hands of the defendant---Plaintiff did not give kind of loss/damages that he sustained "special" or "general damages" at the hands of defendant---Plaintiff did not examine any doctor in support of his plea that after causing of loss he became ill and got treated himself by any doctor--- Plaintiff claimed loss as well as damages in lump-sum without giving details as well as reasons for the same---Failure of plaintiff to discharge his burden resulted in declining what could have been declared as a 'right' on successful discharge of burden---Plaintiff failed to prove his case against the defendant---Suit was dismissed in circumstances. Dr. Muhammad Javed Shafi v. Syed Rashid Ahmed and others PLD 2015 SC 212; RTS Flexible Systems Ltd. v. Molkerei Alois Muller 2012 SCMR 1027; Elahi Bakhsh v. Muhammad Iqbal 2014 SCMR 1217; 1985 CLC 2836; 1989 CLC 1671; 1989 CLC 1778; 2010 CLC 1100; 2010 YLR 952; 2014 CLC 718; Ch. Nazeer Ahmed v. Ali Ahmed and others 2016 CLD 338 and Province of West Pakistan and another v. Messrs Asghar Ali Muhammad Ali & Co. PLD 1968 Kar. 196 ref. THIS JUDGMENT…

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