Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), S.148---Decree in suit for specific performance of agreement to sell fixing time for payment of balance price---Extension of time---Court has power to enlarge such time after objectively assessing merits of application. Muhammad Ismail v. Muhammad Akbar Bhatti and 5 others PLD 1997 Lah. 177 ref. (b) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), S.148---Decree in suit for specific performance of agreement to sell---Time fixed in decree for payment of balance price---Trial Court extended such time on application of decree-holder contending that due to certain difficulties, she could not deposit amount---Validity---Not a single reason had been stated in application for extension of time nor particulars or details of such difficulties were given therein---Impugned order was also without any reason---Sine qua non for grant of discretionary relief of specific performance that party must always be ready and willing to perform his part of contract---Part to be performed by decree-holder was payment of balance price---Prayer made in application was negation of condition precedent for grant of such relief---Trial Court had acted without jurisdiction to allow application, when no ground had been either stated or made out for extension of time---High Court accepted revision petition and set aside impugned order, resultantly application for extension of time stood dismissed. Asraf Ali alias Asrafuddin Mondal and another v. Bayla Hasda and others PLD 1967 Dacca 557; Asim Hussain Qadri v. Muhammad Umar 1999 MLD 1466; Nasir Ahmad v. Muhammad Yousaf PLD 1994 Lah. 280; Muhammad Riaz Qamar v. Umar Din and others 1985 CLC 474 and Nizam-ud-Din and 13 others v: Ch. Muhammad Saeed 1987 CLC 1682 ref. Muhammad Ismail v. Muhammad Akbar Bhatti and 5 others PLD 1997 Lah. 177 rel. Raja Imran Aziz for Petitioner. Sana Ullah Zahid for Respondent. Date of hearing: 16th May, 2003. JUDGMENT On 22-10-1997 the respondent filed a suit for specific performance of an agreement to sell the suit house executed in her favour by the petitioner on 14-4-1996. The consideration amount was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492