PERFORMANCE AUTOMOTIVE PRIVATE LIMITED vs MUHAMMAD SAFWAN JAVAID Ss — 2022 CLC 37 ISLAMABAD

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PERFORMANCE AUTOMOTIVE PRIVATE LIMITED VS MUHAMMAD SAFWAN JAVAID Ss.12 & 56(i)---Civil Procedure Code (V of 1908), O.II, R.2, O.XXXIX, Rr.1 & 2---Suit for specific performance of agreement---Interim injunction---Alternate remedy of compensation or damages---Denial of relief---Scope---Consequence of holding that in case of a party seeking compensation or damages as an alternative remedy, it cannot be granted interim injunction (in relation to contracts involving movable property at least) would be to produce multiplicity of proceedings at the best, or worse, frustrate the ability of claimant to seek specific enforcement after trial---If party makes out a prima facie case but is denied interim relief on the basis of it seeking alternative relief of compensation or damages, the lis would not remain preserved and it might become impossible to specifically enforce the contract in question at the time of judgment--- In the event that suit property changes hands, refusal to grant injunction and preserve status of lis would result in multiplicity of proceedings--- Such interpretation of S.56(i) of Specific Relief Act, 1877, would force parties not to claim compensation or damages in alternative to avoid any mischief caused due to existence of S.56 (i) of Specific Relief Act, 1877, and bring a suit for damages subsequently if Court finds that specific performance cannot be granted---As such it can attract bar in O.II, R.2, C.P.C.---In a case of breach of contract, a party can have the right to enforce its performance while also seeking damages for breach of obligations by counter-party that has already taken place---Logical for a party to claim damages as an alternative in case specific performance cannot be ordered in circumstances of the case due to impossibility or any other factor---Action of claimant in seeking an alternate remedy from Court in terms of compensation does not mean that such compensation may make the claimant whole, affect restitution and amount to ascertainment of actual damages caused due to non-performance of contract for purpose of S.12(b) of Specific Relief Act, 1877.

PERFORMANCE AUTOMOTIVE PRIVATE LIMITED vs MUHAMMAD SAFWAN JAVAID Ss — 2022 CLC 37 ISLAMABAD

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