| Citation(s) |
|---|
| 2008 SLG 1687 2008 SLD 1687 2008 SCMR 757 |
Supreme Court of Pakistan
Civil Petition No.124-L of 2002, decision dated: 12-10-2004.(On appeal from the judgment of the Lahore High Court, Lahore, dated 15-10-2001 passed in Civil Revision No.1618 of 2001)
KHALIL-UR-REHMAN RAMDAY, FALAK SHER AND M. JAVED BUTTAR, JJ
Sh. Abdul Aziz, Advocate Supreme Court and Tanvi Ahmad, Advocate-on-Record Petitioners. Ch. Mehdi Khan Mehtab, Advocate-on-Record for
Respondent No. 1. Nemo for
Respondents Nos.2 to 4
Civil Petition No.124-L of 2002, decision dated: 12-10-2004.(On appeal from the judgment of the Lahore High Court, Lahore, dated 15-10-2001 passed in Civil Revision No.1618 of 2001)
KHALIL-UR-REHMAN RAMDAY, FALAK SHER AND M. JAVED BUTTAR, JJ
Sh. Abdul Aziz, Advocate Supreme Court and Tanvi Ahmad, Advocate-on-Record Petitioners. Ch. Mehdi Khan Mehtab, Advocate-on-Record for
Respondent No. 1. Nemo for
Respondents Nos.2 to 4
Mst. SHARIFAN BIBI and others
VS
Malik SHARIF PARVEZ and others
Law:
Section:
Specific Relief Act (I of 1877)----S. 12---Civil Procedure Code (V of 1908), O.VII, R.11---Constitution of Pakistan (1973), Art.185(3)---Suit for specific performance of agreement---Application for rejection of plaint---Application submitted by petitioner under O.VII, R.11, C.P.C. praying for rejection of plaint, was dismissed by Trial Court and then by High Court---Petitioner had failed to show any illegality in exercising discretion by the Courts including High Court in refusing to reject plaint and opting to have the matter tried so that rights of the parties could be identified and determined after a proper trial in the matter petition for leave to appeal was dismissed. Muhammad Yousaf v. Munwar Hussain 2000 SCMR 204 and Hayat Muhammad v. Tajuddin 1994 SCMR 1188 ref. ORDER The respondent filed a suit against the petitioners and 3 others seeking specific performance of an agreement executed in his favour regarding the sale of the suit-land. After the written statement had been filed, an application was submitted by the defendant, petition No. 1 under Order VII, rule 11, C.P.C. praying for the rejection of the plaint. The said application was dismissed by the trial Court which led the petitioner to the Lahore High…
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