Law: Civil Procedure Code (V of 1908)

Section: 1 , 2

Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.l & 2---Contract Act (IX of 1872), S.2(h)---Contract licence for supply of coolies for purpose of carrying passengers' luggage---Such contract/licence was renewable after every three years in the event of satisfaction of defendants---Contract/licence in favour of plaintiff was, however, not renewed at the expiry of the contract period---Plaintiffs' locus standi to claim interim relief---Plaintiffs had failed to make out a prima facie case for injunction---Balance of convenience was also on the side of defendants---Plaintiffs, however, could sue for damages if any loss had been caused to them due to breach of contract by defendants---Plaintiffs were not found entitled to grant of temporary injunction. PLD 1965 SC 83 and PLD 1961 SC 531 ref. Raja Qureshi for Plaintiff. Akhlaq Ahmed Siddiqui for Defendants. ORDER In this application under Order 39, Rules 1 and 2, C.P.C. the plaintiff has prayed for an order restraining defendant No.2, his agents, servants subordinates and all personal acting through or under him from interfering with the working of the plaintiff .in handling the luggage and parcel   contract at the Karachi city and further be pleased to restrain the defendant from awarding the contract to any other contractor in violation of the policy of the defendant regarding appointment of Coolie/Jamadar. In support of this application; it is stated by the plaintiff that he was awarded contract/licence in 1981 for the supply of licensed Coolies for purpose of carrying passengers luggage to and from the trains and handling of luggage and parcels with Pakistan Railways and the same was required to be renewed after every three years in the event of satisfaction of the defendants vide Exh. "D" to the plaint. The policy laid down by defendant No.2 for awarding such a contract was to publish an advertisement for the purposes of selection before three senior scaled officers nominated by the Divisional Superintendent of Pakistan Railways. It is stated that in terms of para. 2 of the agreement, the contract was renewable at the option of defendant No.2 for similar period. After the expiry of…