Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2

Law: Specific Relief Act, 1877

Section: 12

Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), S.12---Irreparable loss---Question of---Monetary value---Effect---Plaintiff filed suit for specific performance of agreements along with an application under O.XXXIX, Rr.1, 2, C.P.C. in respect of disputed property alleging therein that she had paid a sum of Rs. thirty lacs as an earnest money and the balance amount was also subsequently paid---Defendant contested suit on the ground that she was daughter-in-law of the plaintiff and the suit property had been gifted to her by her husband with whom she had lately fallen out and that she had neither signed any agreement to sell nor had she received any consideration amount---Trial Court dismissed application of the plaintiff---Validity---Only documents the plaintiff had relied upon in support of her claim were the agreements to sell which had specifically been denied by the defendant---Complete absence of proof of payment of Rs. seventy lacs to the defendant and it was not possible to believe that such a substantial amount had been paid either in cash or through a mode of which documentary evidence was not available---Monetary value was attached to the property and the question of irreparable loss did not arise---Suit property would be disposed of/alienated, during pendency of the suit, was adequately addressed by the doctrine of lis pendens---Plaintiff had failed to point out any illegality or material irregularity in the order of Trial Court---High Court dismissed first appeal in limine with clarification that observations made in the order were of tentative in nature and should not affect merits of the case. THIS ORDER PASSED BY: IJAZ UL AHSAN, J.--- This appeal arises from an order, dated 15-9-2009 whereby an application under Order XXXIX Rules 1 and 2 C.P.C. filed by the petitioner in her suit for specific performance was dismissed by the learned Civil Judge, Lahore. 2. The appellant filed a suit for specific performance of agreements, dated 19-6-2007 and 27-6-2007 relating to property measuring one kanal situated in PIA Employees Cooperative Housing Society, Lahore. The appellant alleged that she had entered into…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492