Case Details

Citation(s)
2017 SLG 2057 2017 SLD 2057 2017 SCMR 2022
Supreme Court of Pakistan
Civil Petition No. 477-K of 2017, decision & hearing Date : 25-08-2017.
DOST MUHAMMAD KHAN, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Riaz Hussain Azam, Advocate Supreme Court for Petitioner.

HAMOOD MEHMOOD

VS

MST. SHABANA ISHAQUE AND OTHERS

Law: Specific Relief Act, 1877

Section: 12

Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell---Requirements---Deposit of balance amount---Where a party sought enforcement of an agreement under the Specific Relief Act, 1877, it was mandatory for such party that on first appearance before the Court or on the date of institution of the suit, it shall apply to the court for permission to deposit the balance amount---Any contumacious/ omission in such regard would entail in dismissal of the suit or decretal of the suit, if it was filed by the other side. THIS ORDER PASSED BY: DOST MUHAMMAD KHAN, JUSTICE:---.--- The petitioner is seeking reversal of the judgment/order of the High Court of Sindh Karachi dated 23.6.2017. 2. We have gone through the entire record and have found that the petitioner has shown complete defiance to the Court orders albeit the case relates to specific performance of agreement and did not deposit the balance amount. So much so, respondent No. 1, at some occasion, requested the trial Court that let another chance be given to him to deposit the balance amount. Although the Court was not inclined to grant…
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