CIRCLENET COMMUNICATIONS PAKISTAN (PRIVATE) LIMITED vs PAKISTAN TELECOMMUNICATION COMPANY LIMITED S — 2024 CLC 1478 ISLAMABAD

Case information

Citation: 2024 CLC 1478 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: CLC
Parties: CIRCLENET COMMUNICATIONS PAKISTAN (PRIVATE) LIMITED vs PAKISTAN TELECOMMUNICATION COMPANY LIMITED S
Subject matter: Criminal
Provisions referred to: S. 62---S; S. 62; Contract Act

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

CIRCLENET COMMUNICATIONS PAKISTAN (PRIVATE) LIMITED VS PAKISTAN TELECOMMUNICATION COMPANY LIMITED S. 62---Suit for recovery of damages---Novation of contract---Effect---Respondent / plaintiff company filed suit for recovery of damages against appellant / defendant company---Trial Court decreed the suit in favour of respondent / plaintiff company---Validity---Discharge of original contract under S. 62 of Contract Act, 1872, was only to the extent it was novated, rescinded or altered---Such novated contract did not override intention of parties to novate original contract only partially---Original contract to the extent it was not novated or altered remained binding and operative---For novation excusing performance of previous agreements, it first needed to be established that parties agreed to substitute new contract wholly for the earlier one but it could not be so if accrued obligations under previous contract were kept alive in express terms despite new contract, all the more so where new contract was occasioned due to breach of first contract and injured party included a term in new contract that its claims under the old contract would remain alive---High Court declined to interfere in judgment and decree passed by Trial Court as novation did not excuse performance of accrued obligations under previous settlement agreements---Appeal was dismissed, in circumstances.

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