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

Case information

Citation
2022 MLD 1629 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
MLD
Parties
The PROVINCE OF SINDH through Secretary Agriculture Department, Government of Sindh, Karachi vs JAFAR BROTHERS (PVT

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

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.

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