Law:

Section:

Contract Act (IX of 1872)---S. 73-Breach of contract-Damages-Special Leave to Appeal to - Supreme Court-Damages already paid by appellants to other party, reasonable and in no way excessive-Amount paid as far back as ten years ago-Case, in its peculiar circumstances, held, not fit for examina­tion of question of damages-Order granting leave to appeal recalled­ Constitution of Pakistan (1973), Art. 185(3).-Damages. JUDGMENT NA&IM HASAN SHAH, J. -In this case the appellant on 15-10-1958 repudiated a contract entered into by them with the respondents for purchase of 5,000 maund of cotton seeds by refusing to take delivery of a part of the goods (3,000 maunds of cotton seeds). The respondents, thereupon, on 20-10-1958, sold the aforesaid 3,000 maunds of cotton seeds in the market at prevailing rate on that day viz. Rs.13 per maund and, therefore, suffered a loss of Rs.6 per maund, as the stipulated rate between the parties was Rs.19 per maund. The respondents referred the matter to arbitration in accordance with the terms and condition of the contract-dated 17-9-1958. Sir Do arbitrator, on 17-12-1958, awarded a sum of Rs.18, 012-5-3 and Rs.140 as costs for the loss suffered by the respondents. The learned Additional District Judge, Karachi, by his order dated 10-5-1961, however, set aside the award but the appeal (Miscellaneous Appeal No. 46/61) against the said order was allowed by a learned Single Judge of the High Court of West Pakistan, Karachi, by his judgment…

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