| Case ID |
00d76b7e-2ce9-4552-8a66-13732b994ba8 |
| Body |
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| Case Number |
Civil Appeal No. 1145 of 1997 |
| Decision Date |
Nov 23, 1998 |
| Hearing Date |
Nov 23, 1998 |
| Decision |
The Supreme Court of Pakistan allowed the appeal, reversing the order of the High Court and restoring that of the trial Court. The Court directed the trial Court to allow both parties to lead evidence on all relevant legal and factual points arising in the case. The Court noted that the execution of both agreements to sell was admitted, but each party blamed the other for breach of contract. The case was remanded for a full trial to determine the issues, including whether the defendant was competent to transfer rights under the agreement and who was responsible for any violations of the contract terms. |
| Summary |
This case revolves around a civil appeal concerning the specific performance of a property sale agreement. The Supreme Court dealt with issues of procedural delay, the admissibility of evidence, and the authority of parties involved in the agreements. The Court's decision emphasizes the need for a complete hearing at the trial level to resolve disputes over contractual obligations and violations. The case highlights the importance of procedural justice and the rights of parties in contractual agreements, making it a significant reference for similar cases in civil law. Keywords such as 'specific performance', 'condonation of delay', and 'contract law' are essential for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
ABDUR REHMAN KHAN
|
| Lawyers |
Ch. Muhammad Hasan, Advocate Supreme Court for Appellant,
Nasir Saeed Sheikh, Advocate Supreme Court for Respondents
|
| Petitioners |
SANA ULLAH
|
| Respondents |
,
RASHID AHMAD KHOKHAR
|
| Citations |
2000 SLD 855,
2000 SCMR 937,
2000 SLD 1267
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act,
Specific Relief Act,
Constitution of Pakistan
|
| Sections |
5,
12,
185
|