Case Details

Citation(s)
2012 SLG 1260 2012 SLD 1260 2012 CLD 1659
Balochistan High Court
Civil Revision No.184 of 2010, decision dated: 2-05-2011, hearing DATE : 20-04-2011
GHULAM MUSTAFA MENGAL, JUSTICE
Abdul Aziz Khilji, Additional A.G. for Petitioners. Ali Ahmed Kurd for
Respondents.

COMMISSIONER MEKRAN AND ANOTHER

VS

HAJI ABDUL WAHID AND 7 OTHERS

Law:

Section:

Contract Act (IX of 1872)--Ss. 2(a), 2(b) & 2(c)---Agreement---Whether signed letter issued by the authorities to the plaintiffs constituted an agreement within the meaning of S.2 of the Contract Act, 1872---Valid agreement---Scope---Plaintiffs had filed a suit against the authorities for the enforcement of a letter addressed to them, which the plaintiffs contended to be an agreement between the parties---Suit was decreed in favour of the plaintiffs and upheld in appeal by the appellate court below---Contention of the authorities was that no agreement was executed between the parties and the letter in question could not be considered as an agreement within the meaning of S.2(b) of the Contract Act, 1872---Validity---Letter in question neither bore the signature of the government official ( petitioner) nor the district officer (petitioner) concerned had any authority to issue such a letter---For the constitution of a valid agreement there must be at least two persons, i.e. promisor and promisee, who agreed with their free consent to a lawful object and legal consideration, as required by S.2 of the Contract Act, 1872---Letter in question only contained the signatures of one of the plaintiffs and, therefore, did not fall within the definition prescribed in S.2(b) of the Contract Act, 1872---Letter in question had not been executed by the competent person---Mere signing of a letter could not be termed as a "valid agreement" within the meaning of S.2 of the Contract Act, 1872, therefore, the plaintiffs were not entitled to any decree of enforcement of the letter in question---Revision petition was accepted, and decrees of both the courts below were set aside and the suit filed by the plaintiffs was dismissed. Blackwood Hodge (Pakistan) Ltd. v. Hakimsons (Impex) Ltd. 1983 CLC 1251; Government of N.-W.F.P. and others v. Bahadur Khan 1985 CLC 1457 and Michal Assely and others v. Messrs Abdul Sattar and Brothers PLD 1960 Kar. 346 distinguished. JUDGMENT GHULAM MUSTAFA MENGAL, J.---This Civil Revision Petition under section 115, C.P.C. is directed against the judgment and decree dated 18-1-2010 passed by Majlis-e-Shoora, Mekran at Turbat whereby the appeal filed…
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