Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Trial Court decreed the suit in terms of the compromise whereby the parties agreed that if the defendant paid to the plaintiff Rs.150,000 by the stipulated date, the suit of the plaintiff would be deemed to have been dismissed while in case defendant failed to make the payment, the suit would be deemed to have been decreed---Defendant failed to make the payment by the agreed date; Trial Court decreed the suit accordingly---In execution, defendant filed objections which were accepted by the Executing Court---Plaintiff's appeal against order accepting objections was dismissed by the Appellate Court---Plaintiff contended that the Executing Court had no power to accept/entertain defendants' objections---Defendant contended that he had purchased the pay order which he handed over to the plaintiff, admittedly, after the stipulated date---Validity---If defendant had handed over the pay order to the plaintiff, he should have obtained the receipt or counterfoil attached to the pay order for acknowledgement by the beneficiary---Defendant was bound to prove, through independent evidence, that he had handed over the pay order to the plaintiff by/on or before the stipulated date which he could not, therefore,. the Trial Court could not condone the failure to make payment within agreed time---Plaintiff's objection as to Executing Court's powers to entertain objections, /however, was not sustainable as the Executing Court had to decide all the disputes between the parties to the decree---Decree, being a conditional one, the Executing Court was competent to ascertain the validity of the objections filed by the defendant---Defendant had failed to make payment before the stipulated time---Both Executing and the Appellate Courts failed to appreciate theterms of decree and read the evidence on record---Findings of the courtsbelow which were not sustainable in the eyes of law were set aside whileobjection petition filed by the defendant was dismissed.? THIS JUDGMENT DELIVERED BY: MUHAMMAD KHALID MEHMOOD KHAN, J.--- Through this single Judgment I propose to decide two Civil Revisions i.e. Civil Revision No.1785 of…

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