Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 12 & 27---Civil Procedure Code (V of 1908), O.X, R.1-A & 0.XXXIX, Rr. 1, 2---Constitution of Pakistan, Arts. 10-A & 37(d)---Suit for specific performance of sale agreement---Order of Trial Court granting interim injunction to plaintiff subject to deposit of balance sale price in court within 30 days set aside by High Court in appeal---Validity---Defendant in his earlier suit sought cancellation of such agreement for plaintiff's failure to pay balance sale price within stipulated period despite defendant having redeemed suit land from Bank, obtained inheritance mutation and got dismissed suit of third party to restrain alienation of suit land---Plaintiffs suit and defendant's suit containing same factual objections had been consolidated--Plaintiff in memo of appeal stated that Trial Court had granted him very short time for depositing balance sale price---Plaintiff had not paid outstanding amount to defendant though five years had elapsed since date of such agreement---Nothing was available on record to show tendering of outstanding amount for payment to defendant---Trial Court on the basis of such pleadings of parties and documents available on record of Trial Court and High Court could decide as preliminary issue as to whether plaintiff was entitled to decree for specific performance being a discretionary relief---Delay in adjudication of suit might redound to benefit of plaintiff and to detriment of defendant due to continuous increase in prices of immovable properties---Discretionary equitable remedies like specific performance would be amenable to expeditious adjudication in cases where equitable considerations were readily discernible or could be ascertained under provisions of 0.X, C.P.C.---Supreme Court restored order of Trial Court while directing framing and deciding a preliminary issue as to whether plaintiff could be granted discretionary relief by way of specific performance of such agreement considering circumstances of case. (a) Specific Relief Act (I of 1877)--- ----Ss. 12 & 27---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Constitution of Pakistan, Art. 185(3)---Suit…

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