Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. V, R.15---Registration Act (XVI of 1908), S.17--- Specific Relief Act (I of 1877), S.12---Suit for specific performance of contract---Owner of property an illiterate lady---Agreement to sell through attorney---Power of attorney, non-registration of---Effect---Summons, service of---Scope---Service of summons on maid of defendant in a suit was not proper service---Plaintiff had failed to place on record any registered power of attorney---Seller's (owners) title document should be registered for the purpose of alienation of immovable property---If immovable property was sold through power of attorney then same should have been registered and without the same attorney could not be deemed to have been duly authorized to sell the property---General power of attorney, in the present case, was not a registered document, therefore, agreement of sale through attorney (of actual owner) on the basis of said power of attorney was not enforceable in law---Court had to be even more careful in a case of an immovable property of an illiterate woman---Suit was dismissed in circumstances. Zafarul Islam v. Mrs. Azra Malik PLD 1991 Kar. 377 rel. ORDER NAZAR AKBAR, J.--- Plaintiff on 3-12-2013 filed suit for specific performance of contract which is listed for final disposal. The plaintiff claimed that he entered into an agreement of sale with the attorney of defendant No .1 namely Muhammad Abid on 20-7-2011 to purchase her Bungalow No.14/E, Survey Sheet No.35-P/1, measuring 595 sq.yards, Muhammad Ali Memorial Cooperative Society, Karachi, (hereinafter the suit property). 2. The Court record shows that the plaintiff seems to have manipulated the Court proceedings at every stage to bring it at the level of final disposal. The Registrar's diary dated 14-2-2013 shows that he held service good on the defendant on the basis of bailiff report that on 18-12-2012 he had delivered summons to the maid of defendant namely Fatima. The plaintiff and his counsel are supposed to be aware of the legal position about service of summons on a maid of defendant in a suit for specific performance or for that mater in any other suit of civil nature is not proper…

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