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Civil Procedure Code, 1908 (V of 1908)- ----O. XV, R. 1 & S. 96--Specific Relief Act (I of 1877), S. 12 Suit for specific performance--On receiving the balance consideration--Respondent did not contest the suit and while admitting the contents of plaint, with regard to the payment of earnest money and balance consideration price, unequivocally agreed and stated that appellant deposited remaining consideration price, he has no objection for decreeing the suit--Respondent did not contest the same and parties were not at issue on any of the question of law and fact--The Court should have at once pronounced the and passed decree for specific performance, favoring the appellant subject to deposit of the remaining consideration--Held: No justification for adjournment--Directing the appellant to appear in person, more so, when he was duly represented through his counsel--Trial Court fell into a grave legal error in further processing the suit--Case was remanded. [Pp. 96 & 97] A & B Civil Procedure Code, 1908 (V of 1908)-- ----O. VII, R. 11 & S. 96--Specific Relief Act, (I of 1877), S. 12--Suit for specific performance--Lack of cause of action--Trial Court rejected the plaint of appellant on the ground of no cause of action--Respondent neither filed the written statement nor contested the suit of the appellant and straightway conceded the claim of the appellant by making the statement--Plaint of the appellant could not be rejected--Respondent did not fall under any of the categories enumerated in O. VII R. 11 of CPC--No case for rejection of plaint was made out under the provision of O. VII R. 11--Appeal was allowed. Judgment Mian Hamid Farooq, J.--Present first appeal, proceeds against judgment and decree dated 21.7.2005, whereby the learned trial Court, in exercise of its powers under Order VII, Rule 11 CPC, rejected the plaint in appellant's suit for specific performance of agreement to sell. 2. Precisely stated facts of the case are that the appellant/plaintiff filed the suit for specific performance of agreement to sell, dated 13.2.2005, against the respondent, inter alia, pleading that the respondent, through the execution of agreement to sell…

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