Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Specific Relief Act, 1877 (I of 1877)-- ----S. 12--Civil Procedure Code, (V of 1908), S. 12(2)--Suit for specific performance decreed--Application for rejection of plaint--Dismissed--Revision petition--Agreement to sell--Denial of agreement by petitioner--Challenge to--Controversy raised in application could not be decided without framing of appropriate issues and allowing an opportunity to parties to lead their respective pro and contra evidence, whereas Courts below at utter disregard of facts and law illegally summarily dismissed application without application of judicious mind, as such, orders of Courts below are not sustainable in eyes of law--Petition was allowed. 2006 SCMR 1530; PLD 2006 SC 773; 2008 CMR 236; 1999 SCMR 1714. JUDGMENT Through this writ petition, the petitioner has challenged the vires of order dated 06.03.2017 passed by the learned Civil Judge, Lahore who dismissed the application under Section 12(2), CPC filed by the petitioner and also assailed order dated 09.07.2019 passed by the learned Addl. District Judge, Lahore who dismissed the revision petition of the petitioner. 2. Brief facts of the case are that Respondent No. 1/plaintiff, Munir Ahmad Lodhi filed suit for specific performance with permanent injunction and consequential relief against the petitioner/ defendant with regard to plot bearing Khasra No. 767, Khewat No. 420, Khatooni No. 1016 measuring 3 Marlas situated in Hadbast Mouza Jia Musa, Tehsil and District Lahore which was decreed by the learned trial Court vide judgment and decree dated 17.01.2013. The petitioner filed application under Section 12(2) CPC for setting aside the judgment and decree which was dismissed by the learned trial Court vide order dated 06.03.2017. Revision petition of the petitioner was also dismissed by the learned revisional Court vide order dated 09.07.2019. Hence, this writ petition. 3. I have heard the arguments advanced by the learned counsels for the parties at full length and gone through the record with their able assistance. 4. The petitioner in his application under Section 12(2), CPC has categorically stated that he neither executed the alleged agreement to sell nor received any…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492