| Citation(s) |
|---|
| 1994 SLG 1305 1994 SLD 1305 1994 CLC 951 |
Lahore High Court
Regular First Appeal No. 142 of 1992, decided on 17th May, 1993.
MUNIRA. SHAIKH AND KHALID PAUL KHAWAJA, JJ
Syed Najam ul Hassan Kazmi and Amir Alam Khan for Appellants, Mirza_ Hafeez-ur-Rahman for
Respondent No. 1. Ahmad Waheed Khan for
Respondent No. 2.
Regular First Appeal No. 142 of 1992, decided on 17th May, 1993.
MUNIRA. SHAIKH AND KHALID PAUL KHAWAJA, JJ
Syed Najam ul Hassan Kazmi and Amir Alam Khan for Appellants, Mirza_ Hafeez-ur-Rahman for
Respondent No. 1. Ahmad Waheed Khan for
Respondent No. 2.
PERVAIZ AFZAL and others
VS
SH, HUSSAN ALI and another
Law:
Section:
(a) Specific Relief Act (I of 1877)--- ----S.12---Suit for specific performance of agreement of sale-.--Judgment of Trial Court in- favour of alleged vendees mainly rested on opinion of expert witness produced by them whereas expert witness produced by defendants was not allowed fair and reasonable opportunity to examine disputed documents of sale and com pare disputed signature of alleged vendor on agreement of sale with his admitted signature---Defendants were also not allowed by Court to examine witnesses on ground of paucity of time---Defendants having been condemned unheard, decree of specific performance of agreement passed in favour of plaintiffs and against defendants, could not sustain. (b) Civil Procedure Code (V of 1908)--- ----OXVII, R .1---Adjournment---High Court had issued direction to Trial Court to decide case before specified date and Trial Court decided case without giving defendants proper opportunity to produce evidence on ground of paucity of time If time was short, Trial Court should have requested for extension of time by bringing to notice of High Court its direction to decide case before fixed date as direction of High Court was merely meant to regulate proceedings of Trial Court and did not divest it from judicial power conferred by - Order XVII, C.P.C: ---Discretion and jurisdiction of Trial Court vested under' O.XVII, C.P.C. and other provisions of Civil Procedure Code to grant adjournment to a party if satisfied that there were reasonable grounds to do so, were not in any manner curtailed or abridged by a direction given by High Court on administrative side to decide case before fixed date. JUDGMENT MUNIR A.'SHAIKH, J.---This judgment will also dispose of RFA 192/92 as both of them have been directed against the same judgment and decree. 2. This appeal is directed against judgment and decree. dated 30-5-1992 through which the learned Civil Judge 1st Class, Lahore decreed the suit filed by the respondents for specific performance of agreement of sale. 3. The predecessor-in-interest of the appellants in both the appeals in the written statement denied execution of the agreement of sale. The appellant in the connected RFA No.192/92…
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