| Citation(s) |
|---|
| 2025 SLG 719 2025 SLD 719 = 2025 LHC 1327 |
C.R No.400-D/2023
Anwaar Hussain, J.
Date of Hearing: 19.03.2025 Petitioner by: Mr. Muhammad Suleman Bhatti, Advocate.
Respondents by: Mr. Aftab Hussain Malik, Advocate.
Muhammad Naeem Khan
VERSUS
Mirza Muhammad Waheed etc.
Law: Specific Relief Act, 1877
Section: 12, 22, 24, 27, 29
Law: Contract, Act, 1872
Section: 10, 11, 17, 19, 23, 55
Law: Code of Civil Procedure (CPC) , 1908
Section: IX RULE 13, XVII RULE 3, 115
Summary of the Order
The petitioner filed a suit for specific performance based on an agreement to sell dated 21.03.2012 against the respondents. The suit property was jointly owned by respondent No.1 and respondent No.2 (husband and wife), but the agreement was executed solely by respondent No.1, who falsely represented himself as the authorized agent of respondent No.2.
Key Developments
Respondent No.1 was proceeded ex-parte, and the suit was dismissed against respondent No.2 but ex-parte decreed against respondent No.1 on 26.02.2019.
Respondent No.1 later filed an application to set aside the ex-parte decree, which was allowed on 18.01.2022.