Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Specific Relief Act, 1877

Section: 12,42

Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2)--Specific Relief Act, (I of 1877), Ss. 12 & 42 and 54--Application for setting aside ex-parte decree--Dismissed--Appeal Dismissed due to time-barred--Civil revision--Dismissed--Suit for declaration, specific performance, and permanent injunction--Decreed--Concurrent findings--Failure of petitioner to explain delay for filing of appeal--Petitioner had failed to appear before Trial Court wilfully despite being provided with more than enough opportunities--Appeal of petitioner was hopelessly barred by time and failed to explain delay so caused in filing of appeal reasonably--Counsel for petitioner was unable to point out any error, perversity, or legal or jurisdictional defect in impugned judgment calling for interference by this Court--Petition dismissed. 2012 SCMR 377, PLD 2015 SC 212, 2022 SCMR 1074 & 2022 SCMR 933 ref. JUDGMENT Muhammad Ali Mazhar, J.--This Civil Petition for leave to appeal is directed against the Judgment dated 26.04.2021 passed by the High Court of Balochistan Quetta in Civil Revision No. 380/2017 whereby the Revision petition filed by the petitioner was dismissed. 2. The short-lived facts of the case are that predecessor of Respondents No. 1-a to 1-f/ plaintiff instituted a suit for declaration, specific performance, permanent injunction and consequential relief against the petitioner/defendant with averment that predecessor of Respondents No. 1-a to 1-f/plaintiff purchased Plot bearing Khasra No. 2, Qita measuring 39 Rod 19 poles situated at Mahal Chashma Hudda, Mouza Hudda, Tappa Saddar, Tehsil and District Quetta against consideration of Rs. 4,12,000/- from the petitioner through Respondent No. 2 namely Irshad Husain (Husband of Petitioner) vide said agreement dated 21-10-2002. Suit filed by the predecessor of Respondents No. 1-a to 1-f was decreed by the Trial Court vide judgment and decree dated 18-03-2017. Application under Section 12 (2), CPC filed by the peticioner for setting aside the judgment and decree dated 18-03-2017 was dismissed and the objections filed by the petitioner on the execution were overruled. Being aggrieved, the petitioner filed appeal which was…

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