Law: Specific Relief Act, 1877

Section: 12

Law: Constitution of Pakistan, 1973

Section: 185(3)

Specific Relief Act, 1877 (I of 1877)-- ----S. 12--Constitution of Pakistan, Art. 185(3)--Suit for specific performance--Dismissed--Non-producing of evidence--Appeal dismissed--Concurrent findings--Agreement to sell--Provision of number of opportunities for producing of evidence--Challenge to--Judge of Trial Court had provided a number of opportunities to petitioners to lead evidence but they had repeatedly failed to do so and failed to establish subsistence of an agreement between themselves and respondents--If petitioners were permitted to produce decision/agreement, they would have succeeded--Purported decision/ agreement, could neither be made basis of a suit nor relied upon--Appeal dismissed. ORDER Qazi Faez Isa, J.- A suit for specific performance was filed by the petitioners who alleged that they had entered into an agreement to sell dated 30 April 2009 with the respondents for the sale of certain lands. The petitioners were required to lead evidence in support of their claim which they failed to do despite being granted a number of opportunities; resultantly their side was closed and the learned Judge of the Trial Court dismissed their suit. The petitioners challenged the decision by filing an appeal, which was dismissed and so too the revision filed by them before the High Court. Therefore, it is against three concurrent judgments that the instant petition has been filed. 2. The learned counsel says that the petitioners were not given sufficient opportunity to lead evidence before closing their side and dismissing their suit. The learned counsel has referred to the order sheets of the Trial Court, which have been filed through C.M.A. No. 1473 of 2020. 3. The Trial Courts order dated 3 October 2012 refers to an application of the petitioners whereby they sought the Courts permission to prove the Iqrar Nama, [agreement] through secondary evidence because its original was stated to be with the defendants (respondents herein). We asked the learned counsel to refer to the secondary evidence sought to be produced, that is the copy of the said Iqrar Nama, however, the learned counsel states that the same was not an Iqrar Nama but a decision dated 30 April…

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