BANK ALFALAH LIMITED, LAHORE vs PUNJAB SMALL INDUSTRIES CORPORATION S — 2023 CLD 14 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 14 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: BANK ALFALAH LIMITED, LAHORE vs PUNJAB SMALL INDUSTRIES CORPORATION S
Subject matter: Civil
Provisions referred to: S. 62---; S. 62

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

BANK ALFALAH LIMITED, LAHORE VS PUNJAB SMALL INDUSTRIES CORPORATION S.62---alteration and novation of contract---Difference---Difference existed between alteration and novation of contract in S. 62 of Contract act, 1872---Novation is complete substitution of original contract with a new contract---Original contract remains no more in existence and parties are not required to perform that---Contrarily an alteration of a contract is variation, modification or change in one or more respects which introduces new elements into details of contract, cancels some of them but leaves the general purpose and effect undisturbed---Generally modifications are read into and become part of original contract---Original terms also continue to be part of the contract and are not rescinded and/or superseded except in so far as they are inconsistent with the modifications---Those of the original terms which cannot make sense when read with the alterations must be rejected.

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