Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 11---Specific Relief Act (I of 1877); Ss. 12, 42 & 54---Res judicata, principle of---Applicability---Earlier suit for declaration was rejected by Trial Court and appeal against the judgment and decree was dismissed by Lower Appellate Court---Suit for specific performance of agreement to sell was filed subsequently---Validity---Bar contemplated under S.11, C.P.C. would not apply to subsequent suit for specific performance of contract and permanent injunction---Dismissal of appeal by the Lower Appellate Court had no bearing on the subsequent owing to distinct cause of action in both the matters---Principle of res judicata was not applicable in circumstances. (b) Specific Relief Act (I of 1877)------S. 12---Suit for specific performance of agreement to sell---Cause of action---Agreement of sale which provided basis for institution of the suit was admitted by the defendant and the contract evidenced by said agreement was sought to the specifically enforced---Cause of action had accrued to the plaintiff to bring the suit. (c) Civil Procedure Code (V of 1908)-------0. 11, R.2---"Cause of action"---Connotation---"Cause of action" means every fact that will be necessary for the plaintiff to prove if traversed in order to support his right to judgment---Cause of action has nothing to do with the defence set up by the adversary more it should be confined to nature and character of the relief sought. (d) Contract Act (IX of 1872)-------S. 55---Time as essence of contract---Determination---Terms of the agreement themselves speak, if the time was of the essence of the contract--­Earlier events demonstrating the conduct of parties might also be taken into account in this context. Muhammad Nawaz Khan v. Farrah Naz PLD 1999 Lah. 238; Muhammad Anwar Khan Ghouri v. Muhammad Taqi PLD 1977 Kar. 391; Faqir Muhammad v. Abdul Momin PLD 1995 Lah. 405; Ghulam Nabi v. Muhammad Yaqoob PLD 1983 SC 344; Essabhoy v. Saboor Ahmed PLD 1973 SC 39; Ghulam Jilani v. Munir Ahmed Khan PLD 1960 (W.P.) Kar. 517; Abdul Hamid v. Abbas Bhai-Abdul Hussain PLD 1962 SC 1; Haji Muhammad Yaqoob v. Shah Nawaz PLD 1998 Kar. 758 and Abdul Hameed v. Ghulam…

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