Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 2

(a) Specific Relief Act (I of 1877)--- ----S.12---Civil Procedure Code (V of 1908), O.X, R.2---Suit for specific performance of agreement to sell---Oral examination of party or companion of party---Non-deposit of balance sale consideration---Scope sought restoration of suit dismissed due to non-compliance of order whereby he was directed to deposit the balance sale consideration in court within 15 days and also in view of the absence on the date which was fixed for examination of parties and settlement of issues---Validity was specifically directed to deposit the balance sale consideration and it was ordered that in case of his failure in doing so within the stipulated period, further time would not be granted to him for that purpose, in a suit for specific performance had to show his bona fides in terms of the agreement for sale---Argument advanced on behalf of the plaintiff that the said order was not justified and thus the order of dismissal of the suit due to its non-compliance was also not justified, being misconceived, was rejected was required to be present along with his evidence and witnesses when the suit was fixed for examination of parties and settlement of issues---No exception could be taken to the dismissal of the suit due to continuous and unexplained absence of the plaintiff and his counsel on the previous four dates, particularly the relevant date when the suit was fixed especially for examination of parties and settlement of issues---Application was dismissed, in circumstances. Messrs Eastern Steel, Karachi v. National Shipping Corporation, I.I. Chundrigar Road, Karachi 1984 CLC 2778; Ghulam Nabi v. Khuda Bux and 2 others PLD 1984 Kar. 245 and Abdul Latif v. Muhammad Yousuf and 2 others PLD 1996 Kar. 365 ref. Hamood Mehmood v. Shabana Ishaque and others 2017 SCMR 2022; Messrs Kuwait National Real Estate Company (Pvt.) Ltd. and others v. Messrs Educational Excellence Ltd. and another 2020 SCMR 171; Allah Ditta v. Bashir Ahmad, 1997 SCMR 181 and Haji Abdul Hameed Khan v. Ghulam Rabbani 2003 SCMR 953 rel. (b) Civil Procedure Code (V of 1908)--- ----O.X, R.2---Oral examination of party or companion of party---Scope---When a suit is fixed for…

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