Law: Civil Procedure Code (V of 1908)

Section: 11,2

Law: Limitation Act, 1908

Section: 113

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,79

Civil Procedure Code, 1908 (V of 1908)-- ----S. 11 ,  O.XXIII R. 2--Limitation Act, (IX of 1908), Art. 113--Qanun-e-Shahadat Order, (10 of 1984), Arts. 17 ,  79--Applicability of--Principle of res-judicata--Purported agreement was of year 1966 is well before enactment of Qanun-e-Shahadat Order, 1984--Question of--Whether it was filed within period prescribed for filing suit seeking specific performance--Whether it was not barred on account of res-judicata--Question of maintainability--Determination--Counsel representing appellant could not offer any explanation--Even if some plausible explanation was offered we would have remanded case to High Court to consider same and to decide revision afresh--No purpose would be served to remand it, particularly when parties have remained embroiled in multiple litigation for decades, and as we are quite clear that suit filed by appellant was not maintainable. [P. 261] A JUDGMENT Qazi Faez Isa, J.--Learned counsel for the appellant states that a suit was filed on 27 November 1996 seeking specific performance of an agreement to sell dated 4 May 1966, coupled with a power of attorney executed by the seller, Muhammad Aslam, on the same day. The suit was decreed by the learned Civil Judge, and the learned Appellate Judge upheld the decision. However, in revision the learned Judge of the High Court set aside the two concurrent judgments of the subordinate Courts on what learned counsel states was a wrong interpretation of the law, that is, by holding that an agreement not signed by the purchaser is not enforceable, because it was held otherwise by a five-Member Bench of this Court in the case of Muhammad Sattar v. Tariq Javaid (2017 SCMR 98). Learned counsel states that the other point which prevailed with the learned Judge of the High Court was that since two witnesses of the agreement were not produced in terms of Article 79 of the Qanun-e-Shahadat, 1984 the execution of the agreement was not proved, which, learned counsel submits, was not correct since the agreement was of the year 1966, well before the Qanun-e-Shahadat, 1984 was enacted. It is submitted that the judgments of the subordinate Courts were correct,…

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