Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XII, R.6---Specific Relief Act (I of 1877), S. 12---Law Reforms (Amendment) Act, (VIII of 1972), S. 3---Suit for specific performance of agreement to sell---High Court appeal---Decree on admission---principle---Words 'or otherwise' appearing in O.XII, R.6, C.P.C.---Effect---Plaintiff filed application for passing of decree in his favour on the basis of admission made by defendant but Single judge of High Court dismissed the application---Validity---Admission on the basis whereof a decree was sought must be specific clear, unambiguous, categorical and definite---Admission made by original defendant did not meet criteria of an admission on the basis whereof a decree could be passed except that such admission was in connected suit---If provisions of O.XII, R.6, C.P.C. were read in a manner to restrict admission only to the extent of pleadings in suit wherein the court was asked to enter a decree in favour of plaintiff on the basis of admission, words 'or otherwise' would become redundant, therefore, there was no justification to confine admission to the extent of pleadings only---Division Bench of High Court declined to interfere in order passed Single Judge---High Court appeal was dismissed, in circumstances. 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; Macdonald Layton and Company Pakistan Ltd. v. Uzin Export Import Foreign Trade Company 1996 SCMR 696; Sheikh Mahmood Ahmad v. Dr. Ghaith Pharaon and 3 others 1987 CLC 2131; Uttam Singh Dugal and Co. Ltd. v. Union Bank of India and others AIR 2000 SC 2740; Muhammad Zahoor and another v. Lal Muhammad and 2 others 1968 SCMR 322 and Federation of Pakistan v. Durrani Ceramics and others 2014 SCMR 1630 ref. Naseer Ahmed and another v. Asghar Ali 1992 SCMR 2300 rel. ORDER SAJJAD ALI SHAH, J.---The appellant through instant appeal has impugned Order dated 7-12-2012 passed in Suit No.286 of 2003 at the Original Side of this Court whereby the appellant's application under Order XII, Rule 6, C.P.C. was dismissed. Mr. Khawaja Shamsul Islam appearing for…

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