Law:

Section:

Decree-- ----Principle--A decree in a suit for specific performance is not a final decree so as to debar the Court from extending the period fixed for depositing the sale consideration. [P. 1013] A Words and Phrases-- ----The Expression "shall be dismissed" does not envisage automatic--It contemplates a further judicial order dismissing the suit--Distinction between this expression and "shall stand dismissed" or "were be treated as dismissed" has been a subject of comment. [P. 1016] B Specific Relief Act, 1877 (I of 1877)-- ----S. 35(c)--Suit for specific performance--Withdrawal of sale consideration--Rescission of the contract--Default of deposit of sale consideration by the purchaser within stipulated time--Principle of lis pendens--Validity--Deposit of sale consideration by assignee was of no avail--Because the so-called assignment in his favour was not a valid assignment as the decree holder had no power to do so after having transferred his right and interest in favour of respondent, subsequent purported transfer in favour of assignee was hit by principle of his pendens--High Court allowed to deposit the sale price and even if the so-called assignment in favour of assignee was considered to be valid the said assignee at the leave granting stage made a prayer for withdrawal of the sale consideration deposited by him--Held: Balance sale consideration was no longer deposited and contract warrants rescission on that count as well--Appeal allowed. Judgment Tassaduq Hussain Jillani, J.--This appeal by leave of this Court is directed against the judgment dated 11.05.1999, passed by a learned Single Judge of the Lahore High Court, vide which the appeal of respondent-vendee was allowed, the joint application moved by the judgment-debtor and the alleged assignee (in a suit for specific performance of sale agreement) was accepted, the period for depositing the balance sale consideration was extended and they were directed to deposit the balance amount of Rs. 3,87,34,450/- upto 13.5.1999. 2. The facts giving rise to the instant appeal are that appellants (hereinafter referred to as "vendors") by a written agreement dated 30.08.1997 agreed to sell the suit property to…

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