Law: Specific Relief Act, 1877

Section: 42

Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for specific performance of contract---Application for interim order-Applicant had sought interim order for performing services under contract awarded to applicant for a period of one year for transportation of goods of the defendants by restraining the defendants from awarding the contract to any other contractor---Validity---Defendants were public functionaries and in the usual course of business they awarded contract along with others to, the applicant for one year, which period had expired---Declaration sought to be obtained, was misconceived being hit by provisions of S.42 of Specific Relief Act, 1877---Even otherwise, after expiry of the period of contract, no restraining order was called for as the contract had expired with afflux of time; and fresh tenders had already been invited for awarding contract wherein all contractors qualified on merit, could participate---Period of execution of contract having already expired, application seeking extension of contract in the suit for declaration and injunction, had been rightly dismissed by the Trial Court and Appellate Court. Nemo for Applicant. Jamil Ahmed Virk for Respondents. ORDER ZIA PERWEZ, J.--- This revision application is directed against the impugned order of the learned V-Additional District Judge, Karachi south, dated 15-9-2006 in Civil Appeal No.162 of 2006 whereby the application seeking interim orders for performing services under contract awarded to the applicant for a period of one year for transportation of goods of the respondents from Karachi to other destinations by restraining the respondent from…

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