Law: Civil Procedure Code (V of 1908)

Section: O.VIII,XIV,XX,R.5,6,9

Law: Specific Relief Act, 1877

Section: 12,39

Civil Procedure Code (V of 1908)--- ----O. VIII, R. 6 & O. XX, R. 9---Sindh Chief Court Rules (O. S.), R. 162---Specific Relief Act (I of 1877), Ss. 39 & 12---Suit for cancellation of agreement to sell---Counter-claim made in the written statement for specific performance of sale agreement---Maintainability---Plaintiff filed suit for cancellation of agreement to sell wherein defendant made counter-claim with additional prayer for specific performance of sale agreement---Contention of plaintiff was that counter-claim could be made only in a money suit---Validity---Although counter-claim (incorporated in written statement), which was not a set-off was not permitted under O.VIII, R. 6, C.P.C., the court could nonetheless construe such counter claim as a plaint of a cross-suit---Written statement of defendant which incorporated the counter-claim did contain all the necessary requisites sufficient to be treated as a plaint in a suit of specific performance of subject sale agreement---Plaintiff had not been afforded an opportunity to reply the said counter-claim---Plaintiff was allowed to file reply to the counter-claim, in circumstances. Civil Aviation Authority Quaid-e-Azam International Airport v. Japak International (Pvt.) Ltd. 2009 SCMR 666 and Niamat Ali v. Dewan Jairam Dass PLD 1983 SC 5 rel. THIS ORDER PASSED BY: ADNAN IQBAL CHAUDHRY J.--- on C.M.A. No. 1222 of 2011 The subject matter of the suit is a sale agreement for immovable property dated 16-12-2004 between the plaintiff as seller and the defendants 1 to 4 as buyers. The defendants 5 and 6 are estate agents who brokered the said sale agreement. The plaintiff filed this suit for cancellation of the sale agreement on the ground that he had been duped/mislead by the defendants into signing the sale agreement. In filing a written statement to deny the allegations in the plaint, the defendants 1 to 4 also made a "counter-claim" and "additional pleas", which was a prayer for specific performance of the sale agreement, and in doing so the requisite court fee was also affixed to the written statement. 2. Issues were settled by the Court on 13-08-2007 and amongst the issues settled, issue No.3 was…

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