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Specific Relief Act (I of 1877)------S. 35(c)-Civil Procedure Code (V of 1908), O.VII, R.11, C.P.C.---Suit for rescinding agreement to sell and decree in favour of defendant passed in suit for specific performance-Rejection of plaint--Deposit of balance amount by defendant in compliance of decree---Withdrawal of amount by defendant during pendency of appeal against decree with au undertaking to re-deposit same, if he was informed one month before its final hearing---Dismissal of appeal without passing order for re-deposit of amount--Defendant's application to re-deposit such amount was allowed by Trial Court-Plaintiff's plea in the suit was that defendant by failing to re-deposit amount as per his undertaking had violated decree rendering same to be unenforceable-Validity---Appellate Court by passing another order should have directed defendant to re-deposit amount--Appellate Court had not fixed time for re-deposit---If Appellate Court had fixed time for re-deposit, then defendant could be held guilty for non-compliance of its order--Such non-deposit would not be enough to rescind contract---Defendant, after final adjudication of matter had re-deposited amount--Plaintiff had no cause of action to claim rescission of contract in terms of S.35(c) of Specific Relief Act, 1877---Plaint was rejected under O.VII, R.II, C.P.C. Union Eagle Ltd. v. Golden Achievement Ltd. AELR 1997 p.215 ref. M. Saleem Sahgal, Advocate Supreme Court and Tanvir Ahmed Khan, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing; 23rd December, 2004. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--- Petitioner seeks leave to appeal against the judgment, dated 29th April, 2000 whereby Lahore High Court, Lahore dismissed the R.F.A. No.140 of 1992 filed by him to challenge the order dated 29th March, 1992 passed by the Civil Judge, Sargodha rejecting the plaint of the petitioner in exercising of powers under Order VII, rule 11, C.P.C. 2. Precisely stating relevant facts giving rise to instant petition are that as back as on 28th February, 1973 respondent filed a suit for specific performance of agreement dated 12th December, 1972 in respect of the subject property purchased by him for…

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