Law: Specific Relief Act, 1877

Section: 12,39

Law: Civil Procedure Code (V of 1908)

Section: O.XXXII,Rr.3,4,99

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Specific Relief Act (I of 1877)-- ----Ss.12 & 39---Constitution of Pakistan (1973), Art.185(3)---Suit for specific performance of agreement to sell and cancellation of sale deed executed by owners in favour of defendants---Suit was decreed by Courts below---Validity---Agreement of sale in favour of plaintiffs contained a stipulation to do certain acts in future without any right or title in property to have flown---Such agreement had not been found genuine by Courts below, thus, conveyance deed executed subsequently on its basis would fall to ground---Factual controversy relating to execution and genuineness of agreements, on the basis of which plaintiffs had set up their claim, had been correctly resolved by Appellate Court, which would not be open to question through reappraisal of evidence before Supreme Court---No misreading or non-reading of evidence was found out, thus, no departure could be made from view taken by Appellate Court---Supreme Court dismissed the petition for leave to appeal being without any substance. (b) Civil Procedure Code (V of 1908)--- ----O. XXXII, Rr. 3 & 4---Guardian-ad-litem---Minor defendant represented in suit by his father or brother or sister as co-defendant having no conflict of interest---Such co-defendant sincerely and effectively defended rights and interest of minor in property---Rights on minor in such circumstances would be deemed to have been sufficiently safeguarded---Mere fact that minor was not sued through guardian-ad-literm would not make decree invalid and same would be binding on minor---Omission of formal order, of appointment of guardian-ad-litem of minor, though represented by his , natural guardian, would not affect proceedings in suit and. decree, unless due to such omission prejudice caused to minor was shown--Otherwise such objection would be only of technical importance. In a case in which a minor defendant in the suit was represented by his father or brother or sister as co-defendant without any conflict of interest and such co-defendant sincerely and effectively defended the rights and interest of the minor in the property, it would be deemed that such rights were sufficiently safeguarded…

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