Law: Contract Act (IX of 1872)

Section: 196

Law: Specific Relief Act (I of 1877)

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Qanun-e-Shahadat (10 of 1984)

Section: 35

(a) Contract Act (IBC of 1872) S. 196---Ratification, principle of---Act done by one person on behalf of another---Provision of S.196, Contract Act, 1872---Applicability---Prerequisites---Act should have been performed by a person acting for the other but without the knowledge of the, other---Before ratifying unauthorised act of agent, the principal must be proved to have the knowledge of the action he is approving so that the principal can exercise the option of ratifying or disowning---Person ratifying the contract must know fully all the material circumstances, under which the act is so done---Act cited to be ratified must not be a void act. (b) Contract Act (IX of 1872) S. 196---Specific Relief Act (I of 1877), S.12---Civil Procedure Code (V of 1908), S.100---Second appeal---Doctrine of ratification---Specific performance of agreement to sell---One co-sharer entered into the agreement with the plaintiff, regarding his share as well as on behalf of the other co -sharers---Such agreement was executed without the consent and knowledge of the other co-sharers---Executant was not acting as attorney for the other co -sharers, while executing the agreement---Trial Court dismissed the suit to the extent of specific performance whereas the lower Appellate Court allowed the appeal and decreed the suit---Validity---Where the executant was not acting as attorney and the other co-sharers were not aware of the agreement on their behalf, doctrine of ratification was inapplicable---Lower Appellate Court failed to take into consideration the essentials of the provisions of S.196 of Contract Act, 1872, but had restricted itself to draw inferences which were not justified on the basis of evidence adduced by the plaintiff-- Judgment and decree of the Lower Appellate Court were set aside and that of the Trial Court were upheld. Abdul Majid and 2 others v. Waris Ali and another 1999 YLR 1668; Imperial Bank of Canada v. Mary Victoria Begley AIR 1936 PC 193; Halsbury's Laws of England, 2nd Edn., p.231; Health v. Chilton (1844) 12 M&W 632 and Easten Construction Co. v. National Trust Co., 1914 AC 197 ref. (c) Qanun-e-Shahadat (10 of 1984) Art. 35---Document---Proof---Non…