Law:

Section:

Constitution of Pakistan (1973)---Art. 185 Special leave to appeal Granted to consider, inter alia, question whether High Court should not have remanded case for further and better evidence on question of damages High Court found to have failed to examine evidence on wholly arbitrary grounds Judgment of High Court set aside and appeal remanded for deciding appellant's claim for damages in light of evidence produced by parties. [Remand of cases]. JUDGMENT DORAB PATEL, J. The appellant had entered into five agreements with the respondent for the supply of vegetables, ice, etc., in Quetta for the period from 1st July, 1962 to 30th June, 1963, at the rates prescribed in these five agreements. The appellant supplied the contracted articles to the respondent for a few months, but on 14th December, 1962 the respondent rescinded the five agreements on the grounds, inter alia, that the appellant had tried to bribe its officers. The agreements contained a clause under which the appellant had to make a representation to the Commander of the 8th Division, Headquarters Army, Quetta, and he did so. But, as his representations were rejected, he filed a suit in the Court of the Senior Civil Judge for damages against the respondent for breach of his contract. Now, the appellant had deposited Rs. 11,330 as a security deposit at the time of the execution of the five agreements and as he claimed Rs. 55,000 as damages for breach of contract, he sued the respondent for a sum of Rs. 66,330 with cost and interest. The respondent contested the suit and submitted that it had lawfully rescinded its agreements with the appellant, because the appellant had tried to bribe its officers, sublet the contracts, etc. The respondent also repudiated liability for damages in its written statement. In the events that happened, the suit was heard by the learned District Judge, Quetta, and as the agreements executed between the appellant and the respondent were not in dispute, the appellant examined witnesses in order to prove the agreements into which he had in turn entered for the purchase of the vegetables, ice, etc., which he had undertaken to supply to the respondent. The appellant also produced…

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