| Case ID |
0a001e4f-a7cb-48f7-ac9b-7b0184c774ec |
| Body |
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| Case Number |
Civil Petitions Nos. 2608 and 609 of 2019 |
| Decision Date |
Feb 11, 2022 |
| Hearing Date |
Mar 11, 2022 |
| Decision |
The Supreme Court dismissed the civil petitions for leave to appeal, affirming the lower courts' decisions that the suit for specific performance was time barred under Article 113 of the Limitation Act, 1908. The court found that the petitioner failed to establish a valid novation of contract and that no legal hindrance prevented them from pursuing the case within the limitation period. The court emphasized that the petitioner had ample opportunity to implead the legal heirs of the deceased vendee and did not provide sufficient evidence to support their claims regarding the extension of time for performance of the contract. |
| Summary |
This case revolves around the dismissal of civil petitions for leave to appeal concerning a suit for specific performance of a contract dated 30-06-2001. The Supreme Court of Pakistan addressed issues related to the Limitation Act, specifically Article 113, and the doctrine of novation under the Contract Act. The petitioner argued that the suit was wrongly considered time barred due to the death of the vendee and the need for a guardianship certificate for minor legal heirs. However, the court found no merit in the claims of novation and upheld the lower courts' judgments. Key legal principles regarding contract performance, limitation, and novation were discussed, making this case significant for future reference in contract law and civil procedures. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood, Justice,
Muhammad Ali Mazhar, Justice
|
| Lawyers |
Agha Muhammad Ali Khan, Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record
|
| Petitioners |
Muhammad Iftikhar Abbasi
|
| Respondents |
Mst. Naheed Begum and Others
|
| Citations |
2022 SLD 1046,
2022 SCMR 1074
|
| Other Citations |
Mussarat Shaukat Ali v. Mrs. Safia Khatoon and others 1994 SCMR 2189,
Benjamin Scarf v. Alfred George Jardine (1882) 7 AC 345,
Lata Construction and others v. Dr. Rameshchandra Ramniklal Shah and another AIR 2000 SC 380
|
| Laws Involved |
Specific Relief Act, 1877,
Limitation Act, 1908,
Contract Act, 1872
|
| Sections |
12,
3,
113,
62
|