The first question that comes to mind when a suit for recovery of damages is filed before the Civil Courts of Pakistan is under what law are such suits regulated. Chapter VI of the Contract Act of 1872 lays down the consequences of a breach of contract. The relevant provisions for claiming damages for breach of contract are Sections 73 to 75. However, the said provisions are irrelevant in the instant case since the matter at hand does not arise out of a breach of contract Suits for damages are not defined in the specific Relief Act of 1877 either.
In the absence of any law regulating tortjous breaches resultingin Pure economic loss, the Civil Court as a Court of Plenary jurisdiction had the Power as well as jurisdiction to entertain, adjudicate and decree Suits for damages.
CIVIL APPEAL NO.284 OF 2017
Pakistan Television Corporation .VERSUS Noor Sanat Shah
16-01-2023
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