Law: Specific Relief Act, 1877

Section: 12

PLJ 2026 Civil (Note) 26 [Lahore High Court, Lahore] Specific Relief Act, 1877 (I of 1877)-- ----S. 12--Suit for specific performance of contract--Dismissed for non prosecution--Application for restoration--Accepted--Ex-pate proceedings--Initiated--Ex-parte decree--Application for setting aside ex-parte proceedings--Condonation of delay--Delay not explained--Precisely, Respondent instituted a suit for specific performance against Petitioner which he contested by filing written statement--Issues were framed on 23.06.2022 and case was fixed for evidence--Upon acceptance of a separate application of Respondent, suit was restored and Petitioner was summoned through all modes including proclamation in newspaper but he did not turn up which resulted in initiation of ex-parte proceedings against him--Consequently, application of Petitioner was dismissed due to non-prosecution and suit was decreed after recording of complete evidence of Respondent by Trial Court vide impugned ex-parte Judgment and Decree--Petitioner preferred appeal alongwith an application for condonation of delay since appeal was barred by time--Appellate Court opined that Petitioner is an educated person and sitting Lambardar of village--Moreover, no reasonable ground for condonation of delay was put forward by Petitioner in his application--Hence, Appellate Court dismissed application for condonation of delay as well as main appeal--Appellate Court was fully justified in dismissing application for condonation of delay since valuable rights had accrued to other side--Even otherwise, delay of each and every day had not been explained--Therefore, Court found no illegality, infirmity or jurisdictional defect in impugned Judgments and Decrees--Dismissed.                          …