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O. K. AGENCIES versus CHIEF CONTROLLER

Section 10 of the Contract Act 1872 and 37 of the Constitution of Pakistan (1973), Article 199 of the Constitution Maintenance Law Reform Ordinance (X11 of 1972), Section 3 was presented by the appellant for the delivery of certain goods to the respondents in breach of contract. After responding, the respondents withdrew it without giving any reason. Once the offer was accepted, a concluding agreement came into force and it was not open to the person who accepted the offer to withdraw from the same order otherwise it faced illegal action. It has been stated that without giving the opportunity to appeal the order before withdrawal or hearing of the order and the respondents could not prove that the agreement between the parties was obtained by the appellant through fraud or misrepresentation. The constitutional petition was not upheld. Attempts to be out-of-contract rights were compelled, but there was no universal principle that a constitutional application could not be retained in all cases of breach of contract in the event of a state contractual obligation. With the incorporation of a state instrument, the constitutional petition could be upheld, there were no conflicting facts. The High Court, in the absence of any disputed facts, violated the principles of natural justice, was not allowed to dismiss the constitutional petition filed by the defendant against the order of withdrawal. best law firms from Kashmore lawyer