| Case ID |
2ccd1304-5a3f-479b-919e-e5ba34ac5fac |
| Body |
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| Case Number |
Writ Petition No.7314 of 2009 |
| Decision Date |
May 23, 2019 |
| Hearing Date |
May 23, 2019 |
| Decision |
The Lahore High Court allowed the writ petition filed by the petitioner, Qadir Bukhsh, and set aside the orders of the trial court and the appellate court. The court found that the lower courts had committed misreading and non-reading of the evidence and misapplication of the law. The High Court determined that the plaintiff had failed to prove the alleged agreement to sell due to the lack of both marginal witnesses, which was a critical legal flaw. Consequently, the ex-parte judgment and decree against the petitioner were also set aside, and the suit for specific performance was dismissed. |
| Summary |
In the case of Qadir Bukhsh vs. Additional District Judge, Dera Ghazi Khan, the petitioner challenged the ex-parte decree granted in favor of the respondent for specific performance of an alleged agreement to sell. The Lahore High Court examined the procedural adherence to the Civil Procedure Code and the evidentiary requirements under the Qanun-e-Shahadat. The court emphasized the necessity of producing both marginal witnesses to validate the agreement and highlighted that the absence of one witness constituted a fatal flaw. Additionally, the High Court addressed the issue of limitation under the Limitation Act, noting that the suit was time-barred. As a result, the decision of the lower courts was overturned, underscoring the importance of strict adherence to legal standards in contract law and the evidentiary obligations of plaintiffs in specific performance cases. This decision serves as a critical reminder for practitioners regarding the implications of procedural lapses and the necessity of thorough legal representation in property disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD IQBAL, JUSTICE
|
| Lawyers |
Muhammad Faisal Bashir for Petitioner,
Saif Ullah Khan for Respondent No.3
|
| Petitioners |
QADIR BUKHSH
|
| Respondents |
ADDITIONAL DISTRICT JUDGE, DERA GHAZI KHAN AND 2 OTHERS
|
| Citations |
2021 SLD 2372 = 2021 CLC 1650
|
| Other Citations |
Rehmatullah and others v. Saleh Khan and others 2007 SCMR 729,
Sheikh Akhtar Aziz v. Mst. Shabnam Begum and others 2019 SCMR 524,
Hafiz Tassaduq Hussain v. Muhammad Din through legal heirs and others PLD 2011 SC 241,
Farzand Ali and another v. Khuda Bakhsh and others PLD 2015 SC 187,
Farid Bakhsh v. Jind Wadda and others 2015 SCMR 1044,
Nazim-ud-Din and others v. Sheikh Zia-Ul-Qamar and others 2016 SCMR 24,
Muhammad Khan v. Muhammad Amin through LRs and others 2008 SCMR 913,
Muhammad Rafique v. Muhammad Iqbal and another 2007 SCMR 863,
M. Hannan and 2 others v. Dr. Anwarul Hassan and another 2002 SCMR 361
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984),
Limitation Act, 1908
|
| Sections |
12(2),
17,
79,
113
|