Law: Contract Act (IX of 1872)

Section:

Contract Act (IX of 1872)-- ----5.                          73---Breach                         of contract---Damages---Contractor having failed to supply goods on contracted price, department purchased same from some other person at the risk of contractor and claimed damages on basis of difference between contracted price and that of market price at which goods were purchased by the department---Appellate Court below having failed to deal with question of damages satisfactorily, case was remanded with consent of parties to determine issue of damages afresh on basis of evidence on record and on evidence parties would like to adduce.---[Damages]. Dastgir Ghazi for the Applicants. Shafaat Hussain for the Respondent. Date of hearing: 23rd November, 1989. JUDGMENT This petition for Civil Revision is directed against the judgment and decree dated 18-2-1984 passed by the Ex Officio Addl. District Judge, Karachi whereby he allowed the appeal filed by the respondent. The facts leading to the filing of the above civil revision are that the respondent submitted quotations for supply of plugs and space sockets on 13-3 1973. The quotations of the respondent   were accepted by the petitioners. The terms and conditions of the contract between the parties were to be governed by P.S. ' 35 prescribed by the Government of Pakistan. The respondent did not furnish security and did not supply plugs and space sockets to the petitioners. Ultimately after exchange of correspondence the petitioners purchased the contracted items from another contractor at the risk and cost of the respondent. The petitioners directed the respondent to pay Rs. 51,130 being the difference between the contracted price and the price paid to the new contractor. The respondent filed suit for declaration and injunction against the petitioners. The petitioners contested the suit. The trial Court framed appropriate issues. The parties led evidence in support of…