Law: Specific Relief Act, 1877

Section: 12

Law: Specific Relief Act, 1877

Section: 12

Law: Qanun-e-Shahadat (10 of 1984)

Section: 59

(a) Specific Relief Act (I of 1872)-------S. 12---Qanun-e-Shahadat (10 of 1984), Art.59---Suit for specific performance of sale agreement---Denial of execution of such agreement by defendant alleging same to be manipulated/fake as his thumb-impression thereon was obtained by fraud on pretext of obtaining loan from a Finance Corporation---Report of Handwriting Expert and his statement as a court witness showing that two different typewriters had been used in making such agreement---Effect---Plaintiff had not cross-examined Handwriting Expert despite having availed several opportunities---If use of two different typewriters had been necessitated, then plaintiff should- have stated so in examination-in-chief or at any other stage in evidence -- Plaintiff had not examined person who typed such agreement on two different typewriters---Suit was dismissed on ground that sale agreement was forged and manipulated. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Concurrent findings of fact by courts below holding agreement to be fake and fabricated---Effect---Such findings could not be disturbed in second appeal without showing same to be vitiated by an error of law. Lala Suraj Bhan and others v. Hafiz Abdul Khaliq AIR 1941 Lah. 195 rel. (c) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1(2)---Withdrawal of suit with permission to file fresh suit, application for---Order of Trial Court disposing of suit as withdrawn---Defendant's objection in fresh suit that Trial Court had not granted permission sought by plaintiff---Validity---Intention of plaintiff was clear from such application that he wanted to file another suit---Omission of Trial Court to mention that permission to file fresh suit was granted, would not be fatal---Fresh suit was not incompetent merely because of such omission---Defendant's objection was overruled in circumstances. 1995 CLC 183; Bhai Chanan Singh v. Committee for Management of Gurdwara Mai Malan through Balbir Singh AIR 1941 Lahore 192; Karim Gul and another v. Shahzad Gul and another 1970 SCMR 141; Mst. Walayat Khatoon v. Khalil Khan and another PLD 1979 SC 821; Zafar Ahmed v. Mst. Hajran Bibi PLD 1986 Lah. 399 and…

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