| Case ID |
0c5ef369-a505-4747-b299-d09bdb827386 |
| Body |
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| Case Number |
F.A.O. No. 26-P |
| Decision Date |
Mar 01, 2017 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the plaintiff failed to establish a prima facie case, balance of convenience, and irreparable loss as required for a temporary injunction. The plaintiff's negligence in performing obligations before the stipulated date led to the conclusion that the agreement had ended, making the contract voidable. The prescribed period of limitation was applicable as per the contract terms, and the plaintiff did not demonstrate diligence in seeking equitable relief. No illegality or irregularity was found in the trial court's order. |
| Summary |
This case revolves around a dispute regarding the specific performance of an agreement to sell, as governed by the Civil Procedure Code, Specific Relief Act, Limitation Act, and Contract Act. The plaintiff sought a temporary injunction but was unable to demonstrate the essential criteria including a prima facie case, balance of convenience, and potential for irreparable loss. The court emphasized that time was of the essence in the contract, and the plaintiff's failure to act within the stipulated time frame rendered the agreement voidable. The judgment underscores the principle that justice favors the vigilant and not those who delay. Legal practitioners and individuals involved in contract law should take note of the implications of this decision on the enforceability of agreements and the necessity of timely compliance with contractual obligations. The case is referenced in various legal precedents, reinforcing its significance in the realm of contract law. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaisar Rashid Khan,
Muhammad Younis Thaheem
|
| Lawyers |
Asad Jan,
Abdul Sattar Khan
|
| Petitioners |
Muhammad Ilyas
|
| Respondents |
3 Others,
Muhammad Waseem
|
| Citations |
2017 SLD 2396,
2017 YLR 1448
|
| Other Citations |
1981 CLC 276,
2010 CLC 81,
PLD 1990 Lah. 82,
1986 MLD 95,
2004 SCMR 436,
2005 YLR 1916,
PLD 1987 SC 93,
1985 MLD 1563,
2010 SCMR 334,
PLD 2016 SC 199,
2008 CLC 930
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877,
Limitation Act, 1908,
Contract Act, 1872
|
| Sections |
1,
2,
12,
113,
55
|