Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Specific Relief Act, 1877

Section: 12

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877) S. 12---Suit for specific performance---Sale agreement---Forged signatures---Opinion of Handwriting Expert---Rejection of plaint solely on the basis of opinion of Hand-writing Expert without framing of issues and recording evidence---Propriety---Plaintiff had filed suit for specific performance on basis of a sale agreement---Defendant filed application under O.VII, R. 11, C.P.C., for rejection of plaint, which was accepted by the First Appellate Court on the basis of the opinion of the Hand-writing Expert, who had opined that sale agreement contained forged signatures of the defendant---Held, that question as to whether the sale agreement contained forged signatures of the defendant could not merely be decided on the basis of opinion of Handwriting Expert and that too without framing of issues and recording of evidence of the parties---Plaintiff had alleged that defendant signed an irrevocable power of attorney in his favour, and that he received possession of suit property after depositing the whole consideration amount in the bank account of the defendant---Such alleged facts demonstrated that there was some relationship between the plaintiff and the defendant, and as to what transpired between them could only be ascertained by the court by framing of issues in the suit and allowing parties to lead evidence---Once such exercise was done, the factum as to whether the sale agreement contained forged signatures of defendant or not could be determined by the Court by also taking into consideration opinion of Handwriting Expert---Present matter required determination on merits, therefore, Supreme Court remitted the suit for specific performance to the Trial Court for deciding the same after framing of issues---Appeal was allowed accordingly. ORDER GULZAR AHMED, J.---By this petition, petitioner Muhammad Ishaque Qureshi has challenged the order dated 24-12-2014 passed by the learned Judge in Chamber of High Court of Sindh, by which the IInd Appeal filed by the petitioner was dismissed. 2. Brief facts of the matter are that petitioner had filed a suit for specific performance…

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