Law: Qanun-e-Shahadat (10 of 1984)

Section: 17

Law: Contract Act, 1872

Section: 10

Law: Constitution of Pakistan, 1973

Section: 173(3)

Contract Act (IX of 1872)--- ----S. 10---Constitution of Pakistan (1973), Art.173(3)---Purchase Manual of Government of Punjab, Chapter I, para. 2(note)(I)---Oral agreements---Proof---Plaintiff filed suit for recovery of price of printed banners supplied to government on oral order---Suit was decreed by Trial Court, in favour of plaintiff but authorities assailed the and decree on the ground that under Art.173(3) of the Constitution no agreement with government could be made orally---Validity---Oral agreement was not prohibited under the provisions of Art.173(3) of the Constitution---It was not the case of authorities that oral agreement was not made with free consent of parties or parties were not competent to contract or consideration of the contract was not lawful or its object was not lawful or oral agreement was otherwise void---Oral contract was not excluded under S.10 of the Contract Act, 1872, from being enforced, although in case of oral contract, clearest and more satisfactory evidence would be demanded by Court---Provision of Chapter I, para. 2 (note)(I) of Purchase Manual (of Government of Punjab) was also apt and it dealt with transactions in case of emergency situations---Document produced by authorities showed' post facto transaction of oral purchase order---High Court declined to interfere in the and. decree passed by Trial Court in favour of plaintiff---Appeal was dismissed in circumstances. Bhikraj Jaipuria v. Union of India AIR 1962 SC 113; Yelamanchili Siva Panchaksharamma v. Yelamanchili Chhinabbayi AIR 1967 SC 207; Province of Punjab through District Collector and 2 others v. M/s Sajid Traders 2006 YLR 484; Maqsood and others v. Salman Ali PLD 2003 SC 31; Khan Muhammad Yousaf Khan Khattak v. S.M. Ayub and 2 others PLD 1973 SC 160; Malik Muhammad Akram v. Khuda Bakhsh 2000 CLC 759; Ali Muhammad Khan v. Riazuddin Khera PLD 1981 Kar. 170; government of N.-W.F.P. and 3 others v. Bahadur Khan 1985 CLC 1457 and Bashir Ahmad v. Muhammad Yousaf through Legal Heir 1993 SCMR 183 ref. JUDGMENT SYED ALI HASSAN RIZVI, J.---The appellants through this appeal impugn the judgment and decree dated 19-10-2004 passed by the learned Civil Judge, Lahore to the…

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