The PROVINCE OF SINDH through Secretary Agriculture Department, Government of Sindh, Karachi vs JAFAR BROTHERS

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The PROVINCE OF SINDH through Secretary Agriculture Department, Government of Sindh, Karachi VS JAFAR BROTHERS (PVT.) LTD. O.VII, R.2---Suit for recovery of money---Contractual amount---Liability to pay---Respondent / plaintiff sought recovery of balance contractual amount from applicant / Provincial Government---Trial Court and Lower Appellate Court concurrently decided the matter in favour of respondent / plaintiff and against applicant / Provincial Government---Provincial authorities themselves took unambiguous responsibilities to make payment to contractor---Once taken such responsibility, the executant legally could not take any exception---After 18th Amendment in the Constitution, Provincial Authorities were legally believed to be acting independently---Relief was not tenable in law unless specifically detailed in document and agreed by the other side---No such reference was available in the contract that Federal Government had stopped payments because of 18th Amendment in the Constitution--- Execution of agreement in the shape of work at the site and payment to respondent was prime duty of Provincial Government who issued work order---All payments were made to respondent / plaintiff through applicant / Provincial Government and not by Federal Government, though claim of applicant / Provincial Government was that such amount was received through Federal Government as per agreement---When there was 18th Amendment in the Constitution, it was duty of applicant / Provincial Government to pay amount with regard to a project which fell within its territory---Claim of Province against Federation needed to be dealt independently by respective sides, which legally could not be excused to deny what the Province itself owned by entering into a clear and unambiguous document---High Court directed applicant/Provincial Government to sort out the issue and ensure payment to be made to respondent / plaintiff company---Revision was dismissed, in circumstances.

The PROVINCE OF SINDH through Secretary Agriculture Department, Government of Sindh, Karachi vs JAFAR BROTHERS (PVT — 2022 MLD 1629 KARACHI-HIGH-COURT-SINDH

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