Law:

Section:

(a) Contract Act (IX of 1872)-----S. 73---Suit for damages for breach of contract---Failure to implead principal contracting party ---Effect---Pirma facie, in the present case, there was no contract between the plaintiff and the defendants, cause of action, if any, arose against the contracting party and the plaintiff and the party impleaded as defendant was a sub-contracter---Trial Court, in circumstances, completely misdirected itself to the law that the suit could be decided in the absence of the principal contracting party. Government of Pakistan v. Premier Sugar Mills and others PLD 1991 Lah. 381 and National Bank of Pakistan and others v. Karachi Development Authority and others PLD 1999 Kar. 260 distinguished. (b) Carriage by Air (International Convention) Act (IX of 1966)--- -----First Sched., Chap.II, R.3(1)(2)---Contract Act (IX of 1872), S.73---Suit for damages by passenger for breach of contract by the Airline---Passenger ticket---Provision of R.3(2) of the Schedule to the Carriage by Air (International Convention) Act, 1966 provides that passenger, ticket shall constitute prima facie evidence of the conclusion and conditions of the contract of carriage---Relevant leaf of the air ticket showed that the condition of the travel given on the ticket had not been produced in evidence nor placed on record by the plaintiff, which seemed to have been deliberately withheld---Defendants had also not relied on the appendix of the ticket nor adduced same in evidence---Effect---Passenger travelled by an aeroplane as per terms and conditions appended with the ticket---Carriage of passenger being governed by the conditions of the contract of carriage i.e. passenger ticket, in the absence of the same, suit was liable to be dismissed. (c) Contract Act (IX of 1872)--- ----S. 73---Compensation for loss or damage caused by breach of contract--­Breach of contract, a civil wrong and not a crime---Payment of damages--­Object---Loss---Concept---Assessment of loss---Considerations---Defendant when liable for loss---Principles---Claim of damages on basis of special circumstances/extraordinary nature of contract, anxiety, anguish, mental stress and vexation arising out of…

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