Law:

Section:

Civil Procedure Code (V of 1908)--- ----Ss. 152 & 153---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of contract---Compromise decree---Execution petition---Sale deed was registered on the basis of decree of Court---Correction of error in the sale deed---Limitation---Scope---Sale deed was registered on the basis of decree passed by the court---Petition for correction of sale deed was moved which was accepted with the direction to the Revenue Official to delete Khasra number incorporated in the sale deed---Validity---No Khasra number of suit land was mentioned either in the agreement to sell or plaint and decree in favour of plaintiff---Agreement to sell was with regard to shops jointly owned by the defendants---Decree for specific performance of part of suit property was passed without specification of boundaries as well as mentioning the area of said property---Sale deed was registered without ensuring that it was in accordance with the passed by the Trial Court---Limitation could not be a hurdle in the way of dispensation of justice when a wrong had been done by the Court---Petitioner for invoking constitutional jurisdiction was bound to show some jurisdictional defect committed by the courts below---No such defect had been pointed out in the orders passed by the courts below---Constitutional petition was dismissed in circumstances. Baqar v. Muhammad Rafique and others 2003 SCMR 1401; Ministry of Inter Provincial Coordination v. Major (R) Ahmad Nadeem Sadal and others 2014 CLC 600; Syed Saadi Jafri Zainabi v. Land Acquisition Collector and Assistant Commissioner PLD 1992 SC 472; Muhammad Yousaf v. Manzoor Ahmad and another PLD 2006 Lah. 738; Mst. Sakko and others v. Mst. Sharifan 2011 YLR 2815; Avari Hotels Limited through Chairman and Chief Executive v. Investment Corporation of Pakistan through Managing Director/Principal Officer and 6 others 2002 CLC 1889 and Muhammad Anwar and 8 others v. Muhammad Ashraf PLD 2001 SC 209 ref. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, J.---- Through this writ petition petitioner who is decree-holder of part of the suit property, on the basis of compromise in a suit for specific performance,…

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