Law: Civil Procedure Code, 1908

Section: 96

JUDGMENT SHEET           ARBAB MUHAMMAD TAHIR,J.:- This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as “C.P.C.”) is directed against judgment and decree dated  08.02.2020 passed by the learned Senior Civil Judge-I-West, Islamabad, by means of which, the learned Civil Court decreed the suit for specific performance and permanent injunction which was instituted by Muhammad Bilal Khan (respondent No.1). The relief sought by respondent No.1 in the said suit was as follows:-   “It is, therefore, respectfully prayed that a decree for specific performance of contract / agreement dated: (no date mentioned) directing the defendants to perform their part of contract dated 31.12.2003, 8.3.2011, 4.5.2011 transferring shop No.1 (Corner Front Side)_ Ground Floor Al-Babar Centre F-8 Markaz Islamabad in favour of the plaintiff through registered sale deed and for permanent injunction restraining the defendants from selling/transferring the suit shop or interfering with the possession of the plaintiff on the said shop in any manner whatsoever may be passed in favour of the plaintiff against the defendants with costs.   Khurram Ali Khan and his father Nasihat Ali Khan (respondents No.2 and 3) were summoned through all modes even through the Court of the concerned learned Senior Civil Judge, Rawalpindi but no one turned up on their behalf, whereafter in the interest of justice, again notices were issued to them. This time again, they have not been served due to the reason of being them abroad.    The facts forming background of the present appeal are that appellant No.2 (Zaheer-ud-Din Babar) being the owner of shop No.1 (corner front side), ground floor, Al-Babar Centre, F-8 Markaz Islamabad (hereinafter referred to as “the suit shop”), appointed his wife, appellant No.1 (Mst. Albeena Babar) as his lawful general power of attorney who entered into an agreement to sell dated 31.12.2003 with respondent No.2 (Khurram Ali Khan), whereby she agreed to sell the suit shop to respondent No.2 for a total sale consideration of…