Law:

Section:

Contract Act (IX of 1872)-------S. 2(h)---Constitution of Pakistan (1973), Art. 173(3)---Civil 'Procedure Code (V of 1908), O.XXXIX, Rr.l & 2---Contract for transportation of donated wheat for Afghan Refugees---Such contract was for one year and was again extended to another year---Subsequently after expiry of extended period, Authority advertised for grant of such contract---Plaintiff claimed that he was awarded contract orally for-.yet another year and also claimed interim injunction against Authority to refrain from inviting tenders for such transportation--­Entitlement ---Oral agreement for its proof required clearest and most satisfactory evidence---Defendant, having denied verbal extension of contract, and in view of the fact that earlier extension was extended through written communication, burden lay more heavily upon plaintiff to establish prima facie case for oral agreement---Plaintiff for obtaining interim injunction was required to establish all three ingredients i.e. prima facie case, irreparable loss/injury and balance of convenience---None of the ingredients was however, established for enabling plaintiff to make out case for interim injunction---Plaintiff having offered to carry on contract on same terms and. conditions and the terms and conditions being offered by other parties through bid being at much higher rate Court in order to save national exchequer from any loss directed defendants to include plaintiff also in the list of bidders (if he was willing) and to act according to law while awarding contract. Ali Muhammad Khan v. Riazuddin Khera PLD 1981 Kar. 170; Mrs. Mussarat Shaukat Ali v. Mrs. Safia Khatoon and others 1994 SCMR 2189; Dhulipudi Namayya v. The Union of India AIR 1958 And. Pra. 533; Nalini Kanta Roy v. The Province of East Pakistan and another PLD 1961 Dacca 536; Karachi Flour Millers' Union and 3 others v. Province of Sindh and 4 others PLD 1976 Kar. 623; Messrs Pakistan Associated Construction Ltd. v. Asif H. Kazi 1986 SCMR 820; Karachi Gas Company Ltd. v. Fancy Foundation PLD 1977 Kar 91; H. Young & Co. v. The Mayor and Corporation of Royal Leamington LPA LR 8 AC 517; Province of Bengal v. S.L. Puri 51 CWN 753;…

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