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WASIF ALI vs Mrs — 2023 CLC 1021 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLC 1021 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLC
Parties
WASIF ALI vs Mrs

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

WASIF ALI VS Mrs. FAKHRA JABEEN Deed of contract---Principle---In construing a document, one has to read the same as a whole and not by picking and choosing a particular paragraph or portion thereof---Deed of contract has to be construed strictly and literally without deviating or implying anything which was not supported by the intention of parties and language of the document---Nothing can be implied in a contract, which was inconsistent with its expressed terms---Intent and purpose of a document should be inferred from the language employed and its ordinary meanings should be adhered to and given preference rather than the far-fetched meanings---Primary object of interpretation of any contract is to find out intention of parties to agreement---By looking to words used one has to construe intention which persuaded the parties to enter into the agreement---Cardinal presumption is that parties have intended what they have in fact said, so that their words must be construed as they stand---Meaning of document or of a particular part of it is to be sought in the document itself---One must consider meaning of words used, not what one may guess to be intention of the parties---No contract is made in a vacuum, in construing the documents, Court may resolve an ambiguity by looking at its commercial/social purpose and factual background against which it was made.

Other judgments reported in 2023 CLC

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