Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 9(1)---Contract Act (IX of 1872), S.73---Suit for recovery of damages with interest---Breach of contract---Damages, claim for---Party claiming damages had to firstly plead and then prove by sufficient, trustworthy, independent and cogent evidence that the concluded agreement existed between the parties, the other party committed breach of contract, such breach entitled the first party to damages and the foremost factor was quantum of damages---Principles for ascertaining the quantum of general and special damages stated. Gohar Ali v. Sher Zaman Khattak Civil Appeal Nos. 2763 and 2764 of 2001; Ahmed Saeed Kirmani v. Muslim Commercial Bank Ltd. 1993 SCMR 441 and Islamic Republic of Pakistan v. Sh. Nawab Din PLJ 2002 Lah. 1998 (sic) ref. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 9(1)---Contract Act (IX of 1872), S.73---Suit for recovery of damages with interest---Breach of contract---Damages, claim for---Plaintiffs failed to produce any evidence to show that in fact they suffered any loss due to breach of contract---Solitary statement of one plaintiff was not sufficient to decree the colossal suit amount as plaintiffs' witness did not state anything about damages---Plaintiffs through his failure to produce evidence totally failed to prove that due to breach of contract they were in fact entitled to damages and to what extent, which were sine qua non for the grant of damages under S.73, Contract Act, 1872---Held, plaintiffs, in circumstances, had not proved that they suffered any loss and also failed to prove, through production of evidence on record, that they were entitled for decree of the total amount claimed in the suit. JUDGMENT MIAN HAMID FAROOQ, J.--- Petitioners seek leave to appeal against judgment dated 22-3-2007, whereby the learned Division Bench of the High Court of Sindh at Karachi dismissed their appeal (Spl.H.C.A. No.92 of 2006). 2. Facts of the case, in brief, are that the petitioners/plaintiffs filed suit (Suit No.B-55 of 2002) for recovery of damages of Rs. 100 millions with interest and costs under "section 9(1) of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492