Law: Civil Procedure Code (V of 1908)

Section: 115,35A

Law: Civil Procedure Code (V of 1908)

Section: 115,35A

(a) Specific Relief Act (I of 1877)-------S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 17(2)(a) & 79---Civil Procedure Code (V of 1908), S. 35-A---Suit for specific performance of agreement of oral sale---Proof---Examination of one witness by plaintiff besides himself to prove such agreement between parties and payment of earnest money to defendant thereunder---Admission of plaintiff's witness in cross-examination that civil suit filed against him by defendant was pending---Validity---Such admission rendered evidence of plaintiff's witness as doubtful for having become an interested witness---Such statement of plaintiff's witness could not be believed as he had recorded statement in favour of plaintiff in another suit---Plaintiff had not produced any receipt regarding payment of earnest money---Oral sale agreement had not been reduced into writing---Plaintiff had failed to produce two witnesses of sale agreement with defendant, which was a necessary requirement of law---Plaintiff had failed to show as to on what date he paid earnest money to defendant---Burden to prove such agreement through cogent convincing evidence was on plaintiff, which he had failed to discharge---Every person had a right to sue other for enforcement of an oral agreement---Mere failure of plaintiff to prove his claim would not entitle defendant for costs under S. 35-A, C. P.C.-Suit was dismissed without awarding such costs to defendant. (b) Civil Procedure Code (V of 1908)--- ----S. 35-A---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of agreement of oral sale---Failure of plaintiff to prove his claim---Compensatory costs under S. 35-A, C. P. C. award of scope---Every person had a right to sue another person for enforcement of such agreement---Failure of plaintiff to prove his claim would not entitle defendant for such costs---Very cogent and convincing reasons would be required to be given for awarding such costs. Sajid Nawaz Khan Sodozai for Petitioner. Sheikh Iftikharul Haq for Respondents. Date of hearing: 15th October, 2010. JUDGMENT ATTAULLAH KHAN J.---The plaintiff/petitioner, Akhya Jan through this revision petition filed under section 115, C.P.C. has…

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