Law: Civil Procedure Code (V of 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 the judgmentand decree dated 30.07.2012passed by the learned Civil Judge 1st Class, Islamabadwhereby suit for specific performance, permanent and mandatory injunction filed by the respondent No. 1 namely Sajid Pervaiz Minhas was decreed as prayed for. The operative part of the impugned judgment contained in paragraph No. 5 reads as under:-                  “To the extent of the agreement all the witnesses deposed that the three above mentioned agreements were executed qua the parties. Even the defendants also produced three witnesses namely Ulfat Hussain D.W-1, Liaqat Hussain D.W-2 and Muhammad Sheraz D.W-3, they even did not deny the agreement. Even Muhammad Sheraz D.W-3 appeared and deposed that if the plaintiff deposits the remaining sale consideration, they would not have any o0bjection regarding the transfer of the suit plot in his name. So far as the contention of defendant that the plaintiff failed to deposit the balance consideration amount of Rs. 1,17000/- is concerned, the defendant failed to bring anything on the record which may show that the plaintiff failed to deposit the remaining balance price within stipulated time period. Even they failed to prove that the plaintiff did not pay the remaining balance consideration even after lengthy cross examination at plaintiff’s witnesses. In the light of above discussion whereof, this issue is decided in favour of plaintiff.”     The listed appeal was initially filed before the District Judge, Islamabad on 10.10.2012 but subsequently returned on 28.01.2013 for its presentation before the proper forum due to lack of pecuniary jurisdiction. I was then filed before this Court on 06.02.2013. The appeal was dismissed vide order dated 28.01.2016 on the ground that fresh memo of appeal was filed instead the original one, filed before the District Court. The said order dated 28.01.2016 was…