Law: Specific Relief Act, 1877

Section: 12,54

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 12 & 54--Suit for specific performance and perpetual injunction--Ex-party proceedings--Application for setting aside ex-party proceedings--Allowed--Application for grant of temporary injunction was dismissed--Plaintiff was directed to deposit remaining amount--Appeal--Dismissed--Challenge to--It is bounden duty of learned trial Court to consider agreement to sell at inception and if any amount is found outstanding against plaintiff, it must order for its deposit in Court within time period so granted--Petitioner failed to satisfy learned trial Court regarding grant of temporary injunction in his favour, so same was dismissed, because possession of suit property is not with petitioner/plaintiff and he has allegedly paid a tweak of sale consideration and a huge amount of same is yet to be paid, which has been ordered to be deposited in learned trial Court but he did not comply with same--Petitioner/plaintiff, before cutoff date, did not issue notice to respondent/Defendant No. 1 regarding fulfillment of her part of agreement and his willingness to perform his part of agreement, which shows that he was and is not serious in performing his part of agreement--Petitioner/plaintiff, rather when Court ordered him to deposit balance consideration, he firstly lingered on matter and requested for extension of time, which was granted, but later on he agitated order through appeal and when failed to get favourable decision, filed instant civil revision and contumaciously kept on disobeying all such orders--Civil revision dismissed. 2017 SCMR 516, 2015 SCMR 828 & 1999 SCMR 1362 ref. THIS ORDER PASSED BY: SHAHID BILAL HASSAN, JUSTICE---.--- The petitioner/plaintiffs instituted a suit for specific performance of agreement to sell dated 02.10.2013 alongwith perpetual injunction with regard to the suit property fully mentioned in the Paragraphs No. 1 and 2 of the plaint, against the respondents. Initially, the respondents/defendants were proceeded against ex-parte vide order dated 09.09.2014, but the Respondents/Defendants No. 2 to 5 filed application for setting aside of the ex-parte proceedings on 10.02.2015, which was…

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