Law:

Section:

(a) Civil Procedure Code (V of 1908)-----O. XX, R.5---Wisdom behind R.5 of O.XX, C.P.C. is that the Trial Court and the first Appellate Court should record finding on all the points, and non - recording of finding on each and every issue would not be fatal to the on the strength of O.XX, R.5, C.P.C. (b) Civil Procedure Code (V of 1908)--- ----O. XIII, R.4---Document having been produced and exhibited without any objection, cannot be challenged either in appeal or before any other forum superior in hierarchy. Ch. Muhammad Iqbal, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 27th April, 2011. JUDGMENT AMIR HANI MUSLIM, J.---Through this petition, the petitioners have challenged the impugned judgment of the learned Lahore High Court, by which the appeal of the petitioners was dismissed and judgment passed by the first appellate Court was maintained. 2. The case has a chequered history. The facts as incorporated in the impugned judgment are that the predecessor-in-interest of the petitioners Qadir Bakhsh was owner of land measuring 39 kanal, 10 marlas situated in Chak No. 160/TDR Layyah. He entered into a sale agreement dated 27-1-1982 with the respondents in respect of the suit land for a consideration of Rs.1,11,400 out of which a sum of Rs.80,000 was received by him as earnest money. The balance sale consideration of Rs. 31,400 was to be paid to Qadir Bakhsh at the time of registration of sale deed. The sale under the terms of the agreement was to complete by 20-5-1985. Qadir Bakhsh refused to transfer the said land to the respondents within the stipulated period and instead filed a suit for cancellation of the sale agreement, which suit was withdrawn on 19-10-1983. On refusal of Qadir Bakhsh to perform his part of contract under the sale agreement, the respondents on 25-7-1984 filed a suit for specific performance of the agreement. The petitioners filed written statement in which it was pleaded that the price of the suit land was settled as Rs.50,000 and Qadir Bakhsh received only Rs.17,000 as earnest money, while the balance of Rs.33,000 was to be paid at the time of execution of the sale-deed. It was further pleaded that the…

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