| Citation(s) |
|---|
| 1984 SLG 365 1984 SLD 365 1984 SCMR 77 |
Supreme Court of Pakistan
Civil Appeal No. K-62 of 1978, decision dated: 29-08-1983 (On appeal from the judgment and order of the Sind High Court dated 19-6-1978 in Leave Petition for Appeal No. 124 of 1967)
S. A. NUSRAT, ZAFFAR HUSSAIN MIRZA AND M. S. H. QURAISHI, JJ
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Civil Appeal No. K-62 of 1978, decision dated: 29-08-1983 (On appeal from the judgment and order of the Sind High Court dated 19-6-1978 in Leave Petition for Appeal No. 124 of 1967)
S. A. NUSRAT, ZAFFAR HUSSAIN MIRZA AND M. S. H. QURAISHI, JJ
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MESSRS DADA LTD.--Appellants
VS
. MESSRS ABDUL SATTAR & Co.---Respondents
Law:
Section:
Contract Act (IX of 1872)--- S. 56-Frustration of contract on account of imposition of ban by District Magistrate under S. 144, Cr. P. C.-Order of District Magistrate not void unless set aside at instance of aggrieved person in appropriate legal proceedings-Frustration of contract is immediate and automatic as same guillotines contract without action of either party-Letter of buyer after imposition of ban by District Magistrate suggesting alternate modes of supply, held at best were in nature of fresh proposals as mode of delivery was sought to be charged contrary to stipulation contained in contract-Finding of High Court that alternate mode of delivery of goods could not have been in contemplation of parties or intended by them as natural or reasonable mode of delivery, held, unexceptionable in circumstances. Jan Muhammad Dawood, Advocate and A. Aziz Dastagir, Advocate-on-Record for Appellants. Nasim Farooqi, Advocate and Faizanul Haq, Advocate-on-Record for Respondents. Date of hearing: 29th August, 1983. JUDGMEMT S. A. NUSRAT, J.-This direct appeal under Article 185(2) (d) of the 1973 Constitution is directed against the judgment of a Division Bench of the Sind High Court dated 19-6-1978, passed on Letters Patent Appeal of the respondents, whereby the judgment and decree passed in a suit by a learned Single Judge of the same High Court, on the original side, was reversed. 2. The brief facts of-the case are that the appellants Messrs Dada Limited of Karachi (hereinafter referred to as buyers), had a treed into two forward contracts with the respondents, Messrs Abdul Sattar & Company (hereafter referred to as sellers), as per two letters dated 25-7-1964 and 28-7-1964 for the purchase of 1,650 bags and 1,500 bags respectively of "rapeseed 1965 crop Mirpur Line" at the rate of Rs.31, 50 per mound, delivery in the month of February, 1965 at sellers' option by presentation and the balance of 10% was payable after delivery of goods at Karachi. The buyers paid advance deposits of Rs.3, 300 and Rs.3, 000 against each contract respectively. On 16-2-1965 the buyers wrote two letters, in respect of two contracts, asking the sellers to perform the contracts by the…
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