Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2

Law: Specific Relief Act, 1877

Section: 12

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of contract---Ad-interim injunction subject to deposit of balance sale consideration---Object---Non-deposit of balance sale consideration---Effect---Object for giving direction to deposit the balance sale consideration in the Court was to see the bona fides of a purchaser---Injunction in such case was granted so that the corpus of dispute remained intact and ultimately could be transferred to a successful party in litigation---Balance sale consideration was to be invested in some profit bearing scheme enabling the vendor/defendant to get an increased amount as sale consideration---If purchaser/plaintiff was unsuccessful then deposited amount was to be returned back to him with accruals in order to safeguard his interest---Non-deposit of sale consideration would raise adverse presumption against plaintiff that he was not serious in performing his agreed part of contract disentitling him to decree for specific performance---Party seeking remedy of specific performance was to apply to the Court for depositing the balance amount---Any contumacious/ omission in that regard would entail in dismissal of suit or decretal of the same if it was filed by the other side---Plaintiff, in the present case, enjoyed the ad-interim injunctive relief but despite giving ample opportunities and chances to comply with the orders of Court he kept on defying all such directions/orders---One who sought equity must also do equity---Suit was dismissed in circumstances. THIS ORDER PASSED BY: MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- Matter is fixed for arguments on maintainability of this suit and orders on application [C.M.A. No. 15078 of 2017] filed under section 114, of C.P.C., seeking review of the order dated 05.10.2017, whereunder, inter alia, further seven days' time was granted to the present plaintiff (Hamood Mehmood) to deposit the balance sale consideration and in default, it was observed, that suit will be dismissed. 2. Mr. M. Ishaq Ali, learned counsel for the Plaintiff, argued that on account of non-compliance of contractual obligation by…

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