Law:

Section:

Civil Procedure Code (V of 1908)-------S. 151 & O. XXII, R. 3---Specific Relief Act (I of 1877), S.12---Suit for specific performance of contract---Refund of earnest money from the defendant---Inherent powers of court---Scope---Plaintiff filed suit wherein one of legal heirs on his death moved an application for refund of earnest money paid by his father to the defendant---Validity---Prayer for refund of earnest money was out of purview of the pleadings---Inherent powers under S.151, C.P.C. could not be stretched to change the complexion of a suit from the suit for specific performance of contract to the suit for refund of money---Legal heirs of the plaintiff had not been impleaded nor any application for the same had been moved---No material was on record whether applicant was the legal heir of the deceased---None of the legal heirs of deceased had authorized the applicant to claim/seek refund of earnest money from the defendant through court---Earnest money, if same was refundable, could not be refunded to the legal heirs unless they were impleaded in the suit or they produced succession certificate to claim the refund as legal heirs of the deceased---Application for refund of earnest money was dismissed in circumstances. Province of West Pakistan v. Mistri Patel & Co. PLD 1969 SC 80 and Abdul Wahab v. Shahana Nasim 2010 YLR 1418 ref. Collector of Central Excise and Sales Tax v. Pakistan Fertilizer Company Limited 2007 SCMR 351 rel. Province of West Pakistan v. Mistri Patel & Co. PLD 1969 SC 80 and Abdul Wahab v. Shahana Nasim 2010 YLR 1418 distinguished. Arshad Hussain for Plaintiff. Salman Talibuddin for Defendant No.1. Asim Iqbal for Defendant No.2. Date of hearing: 14th March, 2014. ORDER NAZAR AKBAR, J.--- This order will govern disposal of an application under section 151, C.P.C. (C.M.A. No.1416 of 2014) filed on 3-2-2014 by one Muhammad Ali, who claims to be son of Muhammad Saleem, the late plaintiff in the suit. The defendant prior to this application in the lifetime of original plaintiff on 18-7-2009 has filed an application under section 151, C.P.C. (C.M.A. No.6939 of 2009) for dismissal of instant suit on account of failure of the…

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