| Citation(s) |
|---|
| 2007 SLG 1031 2007 SLD 1031 2007 MLD 89 |
Lahore High Court
Civil Appeal No. 2148/2016 and Civil Petitions Nos. 813-L and 814-L/2015, 579-L, 606-L to 608-L, 658-L, 1055-L, 1075-L, 1109-L, 1110-L, 2029-L, 2157-L, 2365-L, 3292-L/2016, 179-L, 802-L, 1490-L, 1634-L, 2041-L to 2050-L, 3195-L, 3210-L, 3385-L/2017, 88-L
SYED HAMID ALI SHAH, JUSTICE
Petitioner(s) by: Ch. Muhammad Haneef Khatana, Addl. A.G. and Irfan Masood Sheikh
Respondent(s) by: Ch. Muhammad Akram for
Respondent No. 1 and Ch. Muhammad Rasheed Vehra
Civil Appeal No. 2148/2016 and Civil Petitions Nos. 813-L and 814-L/2015, 579-L, 606-L to 608-L, 658-L, 1055-L, 1075-L, 1109-L, 1110-L, 2029-L, 2157-L, 2365-L, 3292-L/2016, 179-L, 802-L, 1490-L, 1634-L, 2041-L to 2050-L, 3195-L, 3210-L, 3385-L/2017, 88-L
SYED HAMID ALI SHAH, JUSTICE
Petitioner(s) by: Ch. Muhammad Haneef Khatana, Addl. A.G. and Irfan Masood Sheikh
Respondent(s) by: Ch. Muhammad Akram for
Respondent No. 1 and Ch. Muhammad Rasheed Vehra
PROVINCE OF THE PUNJAB THROUGH SECRETARY, SPORTS GOVERNMENT OF THE PUNJAB AND ANOTHER
VS
M/S. QAVI ENGINEERS PVT. LTD. THROUGH DIRECTOR AND 2 OTHERS
Law: Civil Procedure Code (V of 1908)
Section: O.I,R.10
Law: Specific Relief Act, 1877
Section: 10
Law: Contract, Act, 1872
Section: 73
Civil Procedure Code (V of 1908)--- ----O. I, R. 10---Contract Act (IX of 1972), S.73---Specific Relief Act (1 of 1877), S. 10---Breach of contract---Suit for damages---Necessary or proper party---Person, not a party to a contract, is neither necessary nor proper party in a suit for damages---Project of construction---Authorities awarded the contract to a company---Breach of contract---Beneficiary of project, a Cooperative Society, was also impleaded as defendant along with the contractor---Application filed by Society for deletion of its name from the array of defendants was accepted---Validity---Perusal of agreement revealed that there was no privy of contract between the Cooperative Society and the Authorities awarding the contract---Terms of the contract, performance thereof and liabilities arising thereunder, were restricted to the parties to the contract---Compensation for breach of contract could be claimed from a party to a contract, who had breached the terms of agreement---Person who was not a party to the contract was neither necessary nor proper party in a suit for damages. THIS JUDGMENT DELIVERED BY: SYED HAMID ALI SHAH, JUSTICE:---.--- Through instant petition, the petitioner has called in question order, dated 21-9-1998 of the learned Trial Court, whereby application filed by defendants Nos.3 and 4, for deletion of their names from the array of defendants was accepted. 2. Learned counsel for the petitioner contends that the project of construction of "Remaining works of the Swimming Pool of the Model Town. Club and filtration of plant room of Model Town Club" in Model Town Society was awarded to respondent No.1; and agreement in this respect was signed and executed by parties. Cooperative Model Town Society is a distinct body and has its own independent status. The project is for the benefit of the members of the society who being beneficiaries of the project remained represented during construction of project and also in the proceedings in the learned trial Court. He has further submitted that the then Administrator of Cooperative Model Town Society, i.e. Commissioner Lahore Division was supervising the project and the agreement was executed…
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