Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S.12---Civil Procedure Code (V of 1908), O. VI, R.1 & 5.100---Suit for specific performance of contract---Second appeal---Competency---Compromise by attorney on behalf of principal-Scope--Contention of defendant was that no power to compromise was delegated to the attorney and statement recorded on his behalf did not have any legal value---Suit was decreed concurrently on the basisof compromising statement recorded by the agent on behalf of principal---Validity---General power of attorney on the basis of which statement was recorded resulting into impugned s and decrees was valid and subsisting at the time when statement was made by the attorney-Plea that defendant was not aware with regard to statement recorded by the attorney was not raised in the pleadings-Party could plead a case if same had been made out by him in its pleadings---No evidence could be-led or looked into in support of plea which had not been taken in pleadings---Variation in pleadings and proof was not permissible in law---Principal could institute a suit to proceed against the delinquent . or through criminal proceedings agitate his grievance if fraud or misrepresentation was committed with him by the agent---Defendant did not append general power of attorney with the appeal and in absence of same no perverse findings could be given---Second appeal was only permissible if impugned decision was contrary to law or same had been rendered without deciding some material issue of law or there had been any error of procedure provided by law---None of such plea had been raised in the second appeal which was not maintainable---Scope of second appeal was limited---Value of 'subject matter was Rs. 5,00,000 only and second appeal was not competent---No un certainty, vagueness or inconclusiveness was pointed out in the impugned s rendered by the courts below--Impugned s and decrees were well reasoned and in accordance with law---Second appeal was dismissed in circum stances. Umair Ali Khan and others v. Raiz Rasool and others PLD ' 2013 SC 190; Muhammad Yousuf Siddiqui v. Haji Sharif Khan through L.Rs and others PLD 2005 SC 705; Muhammad Yasin and another…

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