Law: Civil Procedure Code (V of 1908)

Section: 1(1)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Specific Relief Act, 1877

Section: 21

(a) Civil Procedure Code (V of 1908)--   ---O.XLI, R.1(1)--Constitution of Pakistan (1973), Art.185(3)-- Memorandum of appeal not accompanied by copy of decree--Record of trial Court summoned by appellate Court--Copy of decree sheet supplied after period of limitation--Effect of--Memorandum of appeal filed without copy of decree as same was not supplied by trial Court and record summoned by appellate Court--Respondent obtained requisite copy from appellate Court and filed alongwith application for condonation of delay--Anneal disposed of without adverting to petitioners objection and question of limitation--High Court taking view that requirement of O. XLI , R.1, C . P. C . to the effect that copy of decree shall be accompanied with memorandum of appeal was a directory provision-­Respondent not being at fault in not obtaining a copy of decree from trial Court and copy of decree having been received by appellate Court alongwith record of suit was sufficient to satisfy this requirement--Supreme Court declined to interfere holding that in substance High Court had condoned delay in submitting decree sheet by respondent after filing of appeal.   (b) Specific Relief Act (I of 1877)--   ---S.21--Specific performance--Suit for--Agreement to sell—Revocation of-- Petitioner declining to perform his part of contract with plea that he had informed respondent for completing transaction but as she failed to do so, he revoked the agreement--Alleged notice in writing not proved--Held: A mere oral assertion by petitioner was not sufficient and that petitioner had no justification to revoke the agreement for sale.   ORDER ZAFFAR HUSSAIN MIRZA, J.--This petition for leave to appeal arises out of judgment dated 28th March, 1985, by a learned Single Judge of the Sind High Court, whereby the revision application of the petitioner was dismissed. 2. The facts are that by an agreement of sale dated 11th October, 1971, the petitioner agreed to sell to the respondent an open plot of land at Karachi, for a consideration of Rs.1,1000 out of which a sum of Rs.2,500 was paid to the petitioner at the time of agreement and the balance of the consideration was payable at the…

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