Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of contract---Rejection of plaint---Scope---Defendant moved an application for rejection of plaint with the contention that same did not disclose cause of action and suit was barred by law---Validity---Averments and allegations made in the plaint and other undisputed material on record could be looked into for rejection of the same---Plaintiff had pleaded all facts and had made all such allegations in the plaint which were required to be pleaded and made in a suit for specific performance of an immovable property---Question as to whether plaintiff would be able to prove facts made in the plaint was irrelevant for deciding an application for rejection of the same where a cause of action was disclosed---Defendant had admitted agreement for sale of suit property and general power of sub-attorney was executed by him for consideration---Defendant could not unilaterally revoke general power of attorney granted by him for consideration and deed of revocation had no consequences as nothing was on record to show that intimation with regard to such revocation was given---Stance taken by the defendant was self-contradictory---Parties were at variance on questions of fact which could not be resolved without recording of their respective evidence---Plaint could not be rejected in such circumstances without affording opportunity to the parties to adduce evidence and without providing them chance of hearing when issues had been framed---Person seeking specific performance of contract had to show his readiness and willingness to perform his agreed part of contract---Plaint in the present case had disclosed a cause of action and same could not be rejected---Application for rejection of plaint was dismissed in circumstances. Haji Abdul Karim through attorney and 4 others v. Messrs Florida Builders (Pvt.) Ltd. Karachi, 2009 YLR 451; Muhammad Iqbal v. Altaf Hussain and others 2011 CLC 250; Mst. Hajran Bibi and others v. Suleman and others 2003 SCMR 1555; Abdul Rahim v. Mukhtar Ahmed and 6 others 2001 SCMR 1488; Ashfaque Ahmed and 8 others v. Nadeem…

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