Law: Specific Relief Act, 1877

Section: 12,42

Law: Transfer of Property Act, 1882

Section: 53-A

Law: Civil Procedure Code (V of 1908)

Section: Preamble,151,O.VI,R.17,O.VII,R.7

(a) Specific Relief Act (I of 1877)-------Ss. 12 & 42---Civil Procedure Code (V of 1908), O.VI, R.17---Constitution of Pakistan (1973), Art.185 (3)---Leave to appeal was granted by Supreme Court to consider; whether a suit for declaration seeking ownership was competent on the basis of an agreement to sell; whether form of suit was a technical one and could the same be converted into a suit for specific performance of contract; and whether in absence of any prayer by respondents to convert the suit for declaration into one for specific performance without seeking any `amendment for twelve years, could High Court order such conversion. (b) Civil Procedure Code (V of 1908)--- ----Preamble & S.151---Object of the Code---Civil Procedure Code, 1908, was enacted to regulate the proceedings before Civil Courts---Provisions contained in Civil Procedure Code, 1908, are mainly rules of procedure---All procedural laws are subservient to the cause of justice and, therefore, such laws neither limit nor control the power of Court to pass an order or decree, which is necessary to do complete justice in the facts and circumstances of the case---Construction of procedural law in a manner, which tends to obstruct the course of justice, must be avoided as far as possible---Authors of Civil Procedure Code, 1908, were fully conscious of the underlying object of procedural law and in all probability, in order to remove and dispel all doubts in such regard, categorically provided in S.151 in Civil Procedure Code, 1908 that nothing in the Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of process of the Court. (c) Specific Relief Act (I of 1877)--- ----Ss. 12 & 42---Transfer of Property Act (IV of 1882), S.53-A---Civil Procedure Code (V of 1908), O. VI, R.17 & O.VII, R.7---Agreement to sell---Part performance of agreement---Transfer of possession---Relief not prayed for---Plaintiffs entered into agreement to sell of suit land with defendant, made the payment and took over the possession, thereafter raised construction over the suit land---Suit for…

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