Suit for Compensation of Breach Of Contract And Damages

IN THE COURT OF XII CIVIL JUDGE AT  KARACHI  SOUTH.

                                                                                                   Suit No.221/97.

1.               Manzoor Ahmed

2.               Muhammad Hassan,

Both Muslim, adult,

Having Chambers at 16-A,

Sheikh Chambers,

Near LightHouse,

M.A.Jinnah Road,

Karachi.               ………………………………………      PLAINTIFFS

                                       VERSUS.

M/S. Ali Brothers,

Manufacturers of Steel Almirahs,

Filing Cabinets, Fine proof Safes,

Racks & General Order Suppliers,

Situated in a Shop at Punjrapur Road,

Aram Bagh, Karachi, Through its

Proprietor Liaqat Ali S/o. Unknown,

Muslim, adult,

Karachi.                          ……………………………………       DEFENDANT.

SUIT FOR COMPENSATION OF BREACH

OF  CONTRACT  AND  DAMAGES

                   The Plaintiffs, abovenamed, respectfully submits as follows:-

1].        That the Plaintiffs are the practicing advocates, having Chambers at ________ Karachi and enjoy very highly elevated status in the society. They have formed themselves in an Associates commonly recognized as M/s. M&M Law Associates.

2].        That, the Defendant is a firm involves in manufacturing of Steel Almirah, Filing Cabinets, Fine Proof Safes, Racks & is also General Order Suppliers of other commodities, carrying on its business at Shop situated at Punjrapur Road, Arambagh, Karachi.

3].         That the Plaintiffs went to the shop of the Defendant  & placed an order for manufacturing or supplying of an office steel racks of 7 shelves with the size of 6'x45"x9", whereupon, the Defendant agreed to manufacture and supply or deliver the same on 12-1-1997 & consequently issued receipt thereof on 9-1-97. Copies of the visit cards of the Defendant  & Receipt are annexed herewith and marked as Annexure "A" & "B" respectively.

4].       That the Plaintiffs on 12-1-1997 sent their office boy namely Mr._____,  & thereafter on many times but the Defendant avoid to deliver the Defendant avoided to deliver the said Racks on one pretext or the other for the reasons best known to him.

5].        That the plaintiffs also visited the shop of the Defendant for the said purpose, whereupon, the Defendant gave date for delivery but on such date did not deliver the same, dishonestly & malafidely.

6]          That the Plaintiffs each & every time sent Rs.700/= to the Defendant & also offered the same by themselves but the Defendant  refused to take the same as the said Rack was as the said Rack was not ready for delivery.

7]          That by the acts, the Defendant  has committed breach of contract, agreed between the Plaintiffs & the Defendant, thereby is liable to compensate the Plaintiffs in respect thereof.

8].          That the acts & omissions of the Defendant, per description the Plaint, has caused serious mental torture, agony & perplexities to the Plaintiffs & also disgraced, disrepute & lower down the status of the Plaintiffs, for which, the Defendant is liable to compensate or pay damages to the Plaintiffs.

9].          That the Plaintiffs served legal notice upon the Defendant dated 26-1-1997, through Reg. A/D Post, which was refused by the Defendant vide endorsement of the postman. The Photo copy of the said Legal Notice dated 26-1-1997, Envelope having endorsement of the Post Man & A/D receipt are annexed herewith and marked as Annexure "C" "D" & "E" respectively.

10].          That the cause of action accrued to the Plaintiffs against the Defendant firstly on 9-1-1997 when the Plaintiffs placed the order with the Defendant, secondly on 12-1-1997 when the Plaintiffs sent their office boy for taking the said Rack & the Defendant refused or avoided to deliver the same, thirdly on many occasion as & when the Plaintiffs sent Rs.700/- to the Defendant & also offered the same by themselves but the Defendant refused to take the same as the said Rack was not ready for delivery, fourthly on 27-1-97 when the Defendant  refused to receive the legal notice & thereafter continuous day to day till today within the local limits of P.S. Arambagh, which falls under the jurisdiction of this Hon'ble Court.

11]           That  for the purpose of jurisdiction & court fee the suit is valued at Rs.50,000/= for compensation of breach of contract & damages, tentatively.

12].           That it is a settled principle of law that the Plaintiffs can be permitted to affix the court fee after the Decree in a suit is drawn. Therefore, the Plaintiffs undertake to pay the court fee after the Decree is drawn, in case This Hon'ble Court is of the opinion that the Plaintiffs are entitled to more compensation/ damages then claimed.

PRAYER

                Under the circumstances, it is respectfully prayed that This Hon'ble Court may be pleased to pass a judgment & Decree in the above case in favor of the Plaintiffs & against the Defendant, as follows:-

a)                                Directing the Defendant  to pay Rs.50,000/= as compensation/damages to the Plaintiffs in respect of breach of contract & damages as per detail in Memo of Plaint:

      

                  Or, IN THE ALTERNATIVE;

b)                                Directing the Defendant to pay Rs.5, 00,000/- to the Plaintiffs on account of breach of contract & damages, in case This Hon'ble Court of the opinion that the plaintiffs are entitled to damages more than claimed, permitting the Plaintiffs to pay Court fee after the Decree is drawn.

c)                                Granting costs of the suit;

d)                                Passing any other order or orders deemed just, fit & proper under the circumstances of the case.

                       Prayed accordingly in the interest of justice.

Karachi:

Dated:   /02/1997.                                                               

PLAINTIFF No.1

PLAINTIFF No.2

SM ZUBAIR

(ADVOCATE)