Pakistan Case Lawโ† Search
1999 MLD 3427

RABNAWAZ vs D.C.

Citation1999 MLD 3427
CourtLahore High Court
Case No.Writ Petition No, 11171 of 1996
Date1997-12-15
Judge(s)Syed Najam-ul-Hasan Kazmi
ResultPetition dismissed

ORDER

' The petitioner claims to be a successful bidder in open auction, for a contract to sell judicial papers and forms in the District Court, held in June, 1995. His case, in that he deposited Rs,49250 on 17-7-1995 and started selling judicial papers and forms on 1-7-1995. The petitioner claims, that the unsuccessful bidder, also used to sell judicial papers and forms in the District Court, for which, they had no lawful authority. The petitioner complained of his grievance to the concerned authority. He submits, that necessary cooperation was not extended by the respondents. In this back drop, the petitioner alleges that he was not liable to pay the remaining amount of contract price as according to him the respondent had miserably failed to abide by the terms and conditions of the contract. He further alleges, that on account of breach of contract by respondents, the petitioner is entitled to refund of Rs,98,500.

2. The review of case, made out in petition, reveals, that the petitioner seeks enforcement of contractual obligations and prays for relief on the allegation of breach of terms and conditions of the contract.

3. The proceedings under Article 199 of the Constitution cannot be initiated to enforce contractual obligation or to seek compensation for the breach of the contract. Decision of such like question, will require investigation into cross-allegation and facts, which cannot be resorted to in these proceedings. The petitioner had adequate remedy, of filing a suit for appropriate relief.

' For the reasons above, this petition being not maintainable, is dismissed.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch