Definition of „contingent contract‟ in terms of section 31 of the Contract Act, 1872. Section 32 of the said Act provides how contingent contracts are enforceable in law.

Guidance is solicited from the ratio of the decision in the case of MUHAMMAD ANWAR v. MUHAMMAD ASLAM and others (2012 SCMR 345), relevant portion whereof is reproduced hereunder as:- 

“We are not impressed by the contention of the learned counsel. We have noticed that contract of such a nature is covered by the definition of „contingent contract‟ in terms of section 31 of the Contract Act, 1872. Section 32 of the said Act provides how contingent contracts are enforceable in law. The law allows enforcement of a contingent contract, after the event upon which it was contingent, has happened. In order to seek enforcement of a contingent contract, the party suing to enforce an obligation, which is conditioned upon the occurrence of an event, has to only establish that the event has occurred in a manner contemplated by the contract for the obligation to raise”.  

Part of Judgment 

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN JUDICIAL DEPARTMENT

Civil Revision-Civil Revision (Against Decree)
107-D-01

2020 LHC 2073