Law: Code Of Civil Procedure, 1908.

Section: 100,96,Order VII Rule 11

Summary The appellants filed second appeals after their suits for specific performance, declaration, and permanent injunction were rejected under Order VII Rule 11 CPC. They claimed rights under agreements to sell executed by respondent No.1, alleging payment of consideration and delivery of possession. The Court found that respondent No.1 neither owned the property nor had legal authority as guardian or attorney to sell property belonging to minor children. Consequently, the agreements were void and unenforceable, and no amount of evidence could cure this legal defect. Holding that no substantial question of law arose, the Court dismissed the second appeals while leaving the appellants free to seek recovery of any money allegedly paid. Sections Used Section 100, Code of Civil Procedure, 1908 Section 96, Code of Civil Procedure, 1908 Order VII Rule 11, Code of Civil Procedure, 1908 Two 2-Word Descriptions Specific Performance Minor Property JUDGMENT   Since these Second Appeals arise out of identical facts, involve common questions of law, and impugn similar concurrent findings of the courts below, the same are being disposed of through this single consolidated judgment. These Second Appeals, filed under Section 100 of the Code of Civil Procedure, 1908, arise from the orders dated 12.11.2019 and decrees dated 14.11.2019, passed by the learned IInd Additional District & Sessions Judge, Karachi (Central) in Civil Appeal Nos. 73 and 74 of 2019, whereby the appeals preferred by the appellants were dismissed and the orders dated 27.03.2019 passed by the learned XIth Senior Civil Judge, Karachi (Central) in Civil Suit Nos. 655 and 656 of 2018, rejecting the plaints under Order VII Rule 11 CPC, were maintained. Through the appeals, the appellants seek setting aside of the impugned orders and decrees and remand of the suits for decision on merits after recording evidence. Briefly stated, the appellants instituted separate suits for specific performance, declaration and permanent injunction in respect of different portions of property bearing House No. R-199, Block-19, Al-Noor Society, F.B. Area, Karachi, on the basis of separate agreements to sell allegedly…