| Case ID |
144a4a9d-289e-48ed-891d-2036fdcf6d7e |
| Body |
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| Case Number |
Civil Revision No.190 of 2002 |
| Decision Date |
Apr 20, 2009 |
| Hearing Date |
Apr 20, 2009 |
| Decision |
The Lahore High Court restored the decree passed by the Trial Court after finding that the Appellate Court had failed to appreciate the facts and law involved. The court noted that the offer made by the respondent was accepted by the petitioner in the presence of counsel and was enforceable. The judgment and decree passed by the learned Additional District Judge was set aside as unwarranted by law. |
| Summary |
This case revolves around a civil revision concerning a suit for declaration and permanent injunction under the Specific Relief Act. The petitioner, Inayat Hussain, filed a suit against Chaudhry Sultan Ahmad. The Trial Court initially decreed the suit based on an offer made by the respondent, which was accepted by the petitioner. However, the Appellate Court set aside this decree, claiming the offer had been withdrawn prior to the recording of the witness's statement. The High Court, upon review, determined that the offer and acceptance were valid and enforceable, reinstating the original decree. This case illustrates the legal principles surrounding offers and acceptance in contracts, emphasizing the importance of clear communication and the presence of legal counsel during such proceedings. It highlights critical aspects of contract law, emotional behavior in agreement-making, and the judicial process in civil suits, providing valuable insights for legal practitioners and scholars alike. Keywords: Specific Relief Act, civil revision, contract law, offer and acceptance, Lahore High Court, legal counsel. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAIF-UR-REHMAN, J
|
| Lawyers |
Abdul Khaliq Safrani for Petitioner,
Syed Shamim Abass Bukhari for Respondent
|
| Petitioners |
INAYAT HUSSAIN alias INAYATULLAH
|
| Respondents |
Chaudhry SULTAN AHMAD
|
| Citations |
2010 SLD 465,
2010 CLC 596
|
| Other Citations |
Elahi Bakhsh and another v. Mst. Bhiranwan 1994 SCMR 2246,
Muhammad Mansha and 7 others v. Abdul Sattar and 4 others 1995 SCMR 795,
Nasrullah Jan v. Rastabaz Khan 1996 SCMR 108,
Muhammad Ali v. Major Muhammad Aslam and others PLD 1990 SC 841
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
42
|