Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIXRr.1,2

Law: Contract Act, 1872

Section: 55

(a) Specific Relief Act (I of 1877)--S.12 Contract Act (IX of 1872), S.55 Civil Procedure Code (V of 1908), O.XXXIX Rr. 1 & 2 Interim injunction, grant of was not of the essence of contract Damages whether adequate compensation Agreement between the parties was executed whereby the plaintiff agreed to purchase the specified quantity of fertilizer bags Plaintiff failed to deposit the entire sale consideration in advance resultantly the defendant refused to deliver the goods to the plaintiff Plea raised by the plaintiff was that as time was not essence of the contract, therefore, the defendant could not withhold the delivery of the goods and the same were to be delivered to the plaintiff Validity Where no time was fared for performance of the contract the same should be performed within the reasonable time Such was a question of fact and depended on circumstances of each case including in the case of a commercial contract of the sale of goods, usage of the trade, the nature of goods, place and mode of delivery and where the goods were available with the seller Suit property, in the present case, was not so unique or one of its kind so as to give a right to the plaintiff for specific performance Damages were adequate compensation which the plaintiff could establish when the matter went to trial High Court declined interim injunction restraining the defendant from disposing of the suit property to anyone else Application was dismissed in circumstances. Bodriprasad v. The State AIR 1966 SC 58; Peayre Lal Kishan Prasad v. Diwan Singh Ganeshi Lal AIR 1930 All. 661; Messrs Araq Ltd. v. Messrs Muhammad Ismail Muhammad Ashraf PLD 1968 Kar. 686; Punjab Province v. Muhammad Sadiq PLD 1960 (W.P.) Lah. 1099; Ghulam Mustafa v. Officer On Special Duty, Federal Land Commission 1984 CLC 824; Messrs Merkurria Sucden v. The Rice Export Corporation of Pakistan 1993 CLC 714; Saifuddin Khan v. Pak Suzuki Motor Company Limited 1997 CLC 302; Mrs. Mussarat Shaukat Ali v. Mrs. Safia Khatoon 1994 SCMR 2189 and Pakistan Railways v. Ittefaq Foundaries (Pvt.) (Ltd.) 1990 SCMR 355 distinguished. D.B. Walker & Co. v. Noor Elahi PLD 1974 Kar. 50 ref, (b) Sale of Goods Act (III of 1930)…

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