Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.10,S.16,17,20,120

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.10,S.16,17,20,120

Law: Sindh Courts Act, 1926

Section: 8

Law: Letters Patent (Lahore), 1919

Section: 12

(a) Specific Relief Act (I of 1877)-------Ss. 12 & 42---Suit for specific performance---Parties not at issue--Effect---Plaintiff asserted that he purchased a plot from the latter and executed a sale agreement, paying a certain amount as part payment towards sale consideration and that defendant was pressurizing him to make payment of balance sale consideration without obtaining original title documents from concerned authority---Defendant stated that he had provided the plaintiff all title documents and he was ready to execute sale deed and to hand over possession of suit plot subject to payment of balance sale consideration---Validity---Parties were not at issue and no purpose was to be served by keeping the suit pending---Suit was decreed subject to deposit of balance sale consideration by plaintiff within four weeks from the date of order and in case of plaintiff's failure to deposit the said amount his suit was to be dismissed---Suit was decreed accordingly. (b) Civil Procedure Code (V of 1908)--- ----Ss. 16, 17, 20 & 120---Letters Patent (Lahore), 1919, Cl.12---High Court of West Pakistan (Establishment) Order (XIX of 1955), S.5---Sindh Courts Act (VII of 1926), S.8---Civil suit---Original civil jurisdiction of High Court---Scope---Section 16, C.P.C. regulated the territorial jurisdiction of civil courts, however, S.120, C.P.C. provided that Ss.16, 17 and 20, C.P.C. were not to apply to High Court in exercise of its original civil jurisdiction---Sections 16, 17 and 20, C.P.C. were not applicable to High Court in exercise of its original civil jurisdiction and High Court could entertain all suits where cause of action had arisen within local limits of its jurisdiction---Sections 16, 17 & 20, C.P.C. and clause 12 of Letters Patent (Lahore), 1919 prescribed the forum and place for suing but said sections did not apply to High Court---Section 5 of High Court of West Pakistan (Establishment) Order, 1955 and S.8 of 1926 did not prescribe the place of suing---Section 5 of High Court of West Pakistan (Establishment) Order, 1955, only saved jurisdiction of Karachi Bench of High Court of West Pakistan as exercised by it under S.8 of Sindh Courts Act,…

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