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GAJADHAR ANAND vs MUSLIM COMMERCIAL BANK LIMITED Ss — 2022 CLC 1797 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 1797 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
GAJADHAR ANAND vs MUSLIM COMMERCIAL BANK LIMITED Ss
Subject matter
Civil
Provisions referred to
S. 21; Civil Procedure Code (V of 1908); Specific Relief Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GAJADHAR ANAND VS MUSLIM COMMERCIAL BANK LIMITED Ss.21(b), 42 & 54---Civil Procedure Code (V of 1908), O. XXXIX, Rr.1 & 2---Suit for declaration, injunction and damages---Interim injunction, refusal of---Irreparable loss---Master and servant---Contract of private service---Enforcement---Principle---Plaintiff was employee of defendant Bank, who sought his reinstatement in the service and had also sought recovery of damages---Validity---Servant of private bank could not be forced upon his master---Master was always entitled to say that he was prepared to pay damages for breach of contract of service but would not accept services of servant---Contract of personal service could not be enforced under the provisions of S.21(b) of Specific Relief Act, 1877, whereas breach of contract could give rise to only two reliefs, i.e. damages or specific performance---If specific performance was barred under the law, only relief available was damages---When a master in breach of his contract refused to employ servant, only right that survived to employee was right to damages and nothing else---No relief or decree could be passed against unwilling master---Plaintiff had only one remedy i.e. to sue for damages / money---High Court declined to grant interim injunction in favour of plaintiff as no prima facie case was made out by plaintiff and no irreparable loss would be caused to him if injunction application was denied, balance of convenience also did not lie in favor of plaintiff---Application was dismissed, in circumstances.

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