Law: Civil Procedure Code (V of 1908)

Section: O.XII,R.6

Law: Civil Procedure Code (V of 1908)

Section: O.XII,R.6

(a) Civil Procedure Code (V of 1908)-------O. XII, R. 6---Judgment on admission, passing of---Scope---Duty of court to examine entire plaint or written statement in order to find out nature of admission---Such admission must be clear, specific, unambiguous, definite, categorical and undeniable---Principles. Amir Bibi v. Muhammad Khursheed 2003 SCMR 1261; G.R. Syed v. Muhammad Afzal 2007 SCMR 433; Messrs Gerry's International (Pvt.) Limited v. Messrs Qatar Airways PLD 2003 Kar. 253 and McDonald Layton and Company Pakistan Ltd. v. Uzin Export-Import Foreign Trade Co. 1996 SCMR 696 rel. Naseer Ahmed and another v. Asghar Ali 1992 SCMR 2300; AIR 1941 Bom. 144; 1983 CLC 74 and 1993 MLD 1287 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XII, R. 6---Admission in written statement of first suit before its consolidation with the second suit---Judgment in consolidated suits on basis of such admission, passing of---Scope---Party would be bound by admission recorded in pleadings in which same was filed, but not in any other suit---Mere consolidation of suits could not change status of written statements filed separately in both suits as those would remain two distinct and separate written statements---Written statement of first suit could not be utilized in second suit for purposes of O.XII, R.6, C.P.C.---Principles. Naseer Ahmed and another v. Asghar Ali 1992 SCMR 2300 and AIR 1941 Bom. 144 rel. Kh. Shams-ul-Islam for Plaintiff. M.M. Aqil Awan for Defendant. Date of hearing: 12th October, 2012. ORDER MUHAMMAD ALI MAZHAR, J.--- This is a suit for specific performance, cancellation and injunction. The brief facts of the case are that the plaintiff entered into an agreement to sell with defendant on 20-11-2002 in respect of Bungalow No.B-173, Block-2, Gulshan-e-Iqbal, Karachi in total sale consideration of Rs.75 lacs and in view of the terms and condition of agreement, the plaintiff made some part payment. It was agreed that balance sale consideration will be paid at the time of execution of conveyance deed and or general power of attorney in favour of the plaintiff. After signing the agreement the plaintiff repeatedly requested the defendant to fulfil her contractual…

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