Appointing in new person in case of breach of contract during the pendency of hearing

Shefali Kothari (Querist) 28 June 2016 This query is : Resolved
In my case,
I am for society and we have appointed the developer for redevelopment purpose. But later on the developer committed the breach of contract by not complying all the procedure and have not completed his work. So, we filed a case against society for committing the breach of contract and also asked for the compensation. As the work is left incomplete, we that means society wants to appoint the new developer meanwhile the order comes. SO my query is 1) Can we appoint the new developer during this pendency of hearing and till the compensation from the party committing such breach?
2) which section of Indian Contract Act and Code of Civil Procedure will be applicable?
3) Please give any suitable judgement based on this.

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Kappil Cchandna (Expert) 28 June 2016
Sir,

Take court permission before you start the work, because if you start it otherwise then how will you be able to show the degree of breach on the part of the first developer.

Warm Regards
Kapil Chandna Advocate
9899011450