Law: Civil Procedure Code (V of 1908)

Section: 12(2)

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

Section: 17,79

Law: Limitation Act, 1908

Section: 113

(a) Civil Procedure Code (V of 1908)--- ----S.12(2)---Qanun-e-Shahadat (10 of 1984), Arts. 17 79---Ex-parte , setting aside of---Agreement to sell---Proof---Failure to produce two marginal witnesses / plaintiff filed suit for specific performance of agreement to sell allegedly executed in his favour by petitioner / defendant---Suit was decreed ex-parte on the basis of evidence produced by respondent / plaintiff / defendant sought setting aside of and decree passed against him by filing application under S.12(2), C.P.C. but the application was concurrently dismissed by Trial Court as well as Lower Appellate Court---Validity/plaintiff was duty bound under Arts. 17 79 of Qanun-e-Shahadat 1984, to prove alleged agreement to sell by producing both marginal witnesses / plaintiff produced only one marginal witness while the other marginal witness was not produced in witness box and no reason was furnished for his non-appearance--- Such was a fatal legal flaw which had frustrated entire claim of respondent / plaintiff, who failed to prove agreement to sell as per law--- High Court set aside order as well as s and decrees passed by both the Courts below as they had committed misreading and non-reading of record as well as misapplication of law and allowed application under S.12(2), C.P.C. and dismissed suit filed by respondent / plaintiff---Constitutional petition was allowed, in circumstances. Rehmatullah and others v. Saleh Khan and others 2007 SCMR 729 and Sheikh Akhtar Aziz v. Mst. Shabnam Begum and others 2019 SCMR 524 ref. Hafiz Tassaduq Hussain v. Muhammad Din through legal heirs and others PLD 2011 SC 241; Farzand Ali and another v. Khuda Bakhsh and others PLD 2015 SC 187; Farid Bakhsh v. Jind Wadda and others 2015 SCMR 1044 and Nazim-ud-Din and others v. Sheikh Zia-Ul-Qamar and others 2016 SCMR 24 rel. (b) Specific Relief Act (I of 1877)--- ----S.12---Limitation Act (IX of 1908), Art. 113---Suit for specific performance of agreement to sell---Limitation---Time barred suit---Effect---When suit is beyond prescribed period of limitation under Art.113 of Limitation Act, 1908, in such circumstances there is no need to frame issue of limitation and record any…

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