| Citation(s) |
|---|
| 2003 SLG 3942 2003 SLD 3942 2003 PLD 639 |
Supreme Court of Pakistan
Civil Appeal No. 1796 of 1997, Dated: 24th March, 2003, heard on: 24th March, 2003.
RANA BHAGWANDAS, JUSTICE AND SARDAR MUHAMMAD RAZA, JUSTICE
Haji Ismail H. Memon, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record (absent) for Appellant. Nemo for
Respondent No. Ghulam Qadir Jatoi, Advocate-on-Record for
Respondent No.2.
Civil Appeal No. 1796 of 1997, Dated: 24th March, 2003, heard on: 24th March, 2003.
RANA BHAGWANDAS, JUSTICE AND SARDAR MUHAMMAD RAZA, JUSTICE
Haji Ismail H. Memon, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record (absent) for Appellant. Nemo for
Respondent No. Ghulam Qadir Jatoi, Advocate-on-Record for
Respondent No.2.
AHSANUL HAQ-
VS
SARDAR MUHAMMAD AND another
Law:
Section:
Specific Relief Act (I of 1877)---.--- ---.----Ss. 12 & 25---.---Specific performance of agreement to sell property--¬Subsequent vendee ---.---Plaintiff was bound to implead the subsequent vendee in case his name was in his knowledge---.---Such duty of the plaintiff was not a mere formality or exercise in routine but a dire requirement of the circumstances---.---All such three parties were supposed to have interacted among themselves with regard to the sale and purchase of one and the same property---.---Actions and conduct of such persons individually were most likely to give rise to certain facts which were co-related to the actions and conduct of all others---.---Some facts were alleged while others were withheld by all or some of the parties surrounding one pivotal question in the dispute--¬Principles. While bringing the suit for specific performance of contract, a plaintiff is bound to implead the subsequent vendee, in case such subsequent sale and the name of subsequent vendee are in his knowledge. This is not a mere formality or an exercise in routine but a dire requirement of the circumstances. All such three parties are supposed to have interacted among themselves with regard to the sale and purchase of one and the same property. Their actions and conduct individually are most likely to give rise to certain facts which are co-related to the actions and conduct of all others. Some facts are alleged while others are withheld by all or some of the parties surrounding one pivotal question in dispute. In these conditions, the conduct of all on factual side being directly co-related and interdependent, they all must face each other in one trial or proceeding. When the evidence of the parties is recorded, each must have opportunity to cross-examine the other. Such valuable opportunity is denied to the parties when they face each other separately in different trials where one of them is isolated in each of the proceedings. Facts which are suppressed in one suit for one's own convenience might not be easily suppressed when all at one time are available before the Court. In the present case before instituting suit the plaintiffs, had knowledge of the fact…
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