Law: Civil Procedure Code (V of 1908)

Section: 115,O.XXI,Rr.1,Rr.2

Law: Specific Relief Act, 1877

Section: 12

(a) Civil Procedure Code (V of 1908) --------- ----------O. XXI, Rr. 1 & 2 --------- Specific Relief Act (I of 1877), S. 12 --------- Suit for specific performance of agreement to sell --------- Consent decree --------- Execution petition --------- Objection application --------- Payment out of court --------- Requirement --------- Consent decree was passed and plaintiff was directed to pay the remaining consideration amount within 15 days otherwise suit was ordered to have been dismissed --------- Decree-holder filed execution petition wherein objection application was moved that remaining consideration amount had not been paid --------- Contention of decree-holder was that remaining consideration amount had been paid outside the court --------- Objection petition was accepted concurrently --------- Validity --------- Remaining consideration amount had not been paid in the court which was allegedly paid to the -debtor out of the court --------- Decree-holder had not fulfilled the requirement of O.XXI, R.2, C.P.C. --------- Where law required an act to be done in a particular manner, it had to be done in that manner alone and such dictate of law could not be termed as a technicality --------- No illegality, irregularity or misreading and non-reading of evidence had been pointed out in the impugned orders --------- Revision was dismissed in circumstances. Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255 rel. (b) Civil Procedure Code (V of 1908) --------- ----------S. 115 --------- Revisional jurisdiction of High Court --------- Scope --------- Scope of revisional jurisdiction of High Court was narrow --------- High Court could not disturb concurrent findings of facts in revisional jurisdiction unless same were result of misreading or non-reading of evidence or contrary to settled law. Noor Muhammad and others v. Mst. Azmat-e-Bibi 2012 SCMR 1373 and Administrator, Thal Development through EACO Bhakkar and others v. Ali Muhammad 2012 SCMR 730 rel. (c) Administration of justice --------- ----------Where law required an act to be done in a particular manner, it had to be done in that manner alone and such dictate of law could not be…

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