| Case ID |
44d05965-6769-49e9-876a-567703683ff6 |
| Body |
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| Case Number |
R.F.A. No.377 of 2004 |
| Decision Date |
Dec 12, 2006 |
| Hearing Date |
Dec 12, 2006 |
| Decision |
The court held that the suit for specific performance brought by the respondent was decreed by the trial court based on the defendant's offer to decree the suit if the plaintiff made the deposit of the balance consideration in court. The plaintiff failed to comply with the orders of the court regarding the deposit and did not accept the time-bound offers made by the defendant. The court emphasized that the offers made by the defendant were never perfected through acceptance by the plaintiff, which resulted in the dismissal of the suit. The court also pointed out that the trial court had no authority to extend the time for compliance without the consent of the defendant. The appeal was allowed, and the lower court's decree was set aside, remanding the case for further proceedings. |
| Summary |
This case revolves around a suit for specific performance of an agreement to sell property, where the defendant made two time-bound offers to the plaintiff to deposit the balance amount. The plaintiff failed to accept these offers and did not comply with the court's orders, leading to the dismissal of the suit. The Lahore High Court clarified the extent of the court's power in extending deadlines set by the parties and emphasized that such extensions require consent from the party making the offer. The ruling underscores the importance of adhering to procedural requirements in civil litigation, particularly in cases involving specific performance and contractual obligations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR,
FAZAL-E-MIRAN CHAUHAN
|
| Lawyers |
Ahmad Awais for Appellant,
Mian Zafar Iqbal Kalanauri for Respondents
|
| Petitioners |
Col. JAVED IQBAL LODHI
|
| Respondents |
another,
LT. COL. NADEEM AHMAR
|
| Citations |
2007 SLD 923,
2007 CLC 831,
2007 PLJ 639
|
| Other Citations |
PLD 1984 SC 289,
2001 SCMR 1868,
1997 SCMR 919,
2005 CLC 197,
2005 YLR 2866,
1974 SCMR 191,
1972 SCMR 179,
1990 SCMR 1638,
1995 SCMR 105,
1986 SCMR 1005,
2000 YLR 1798,
1984 CLC 582,
1979 SCMR 593,
1983 SCMR 836,
1985 SCMR 1719,
PLD 1988 Kar. 429
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
151,
O.VII,r.11,
148,
149,
22,
O.XVII,r.3,
O.XII,r.6,
O.XV,r.1,
O.VI,R.18,
O.VIII,r.9,
O.IX,r.9,
O.XI,r.9,
O.XVI,r.2,
O.XXI,r.17,
O.XXV,r.1,
O.XLI,r.10,
O.XLIII,r.3,
O.XLVII,r.7,
O.XVII,r.4,
O.XI,r.17,
O.XXI,r.33,
O.XLI,r.19,
O.XLI,r.21,
O.XLI,r.22,
O.XLI,r.26
|