| Case ID |
d5d1d328-b0af-492c-9bab-d07471972a58 |
| Body |
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| Case Number |
Civil Petition No.195-L of 2001 |
| Decision Date |
May 30, 2003 |
| Hearing Date |
May 30, 2003 |
| Decision |
The Supreme Court dismissed the petition and refused leave to appeal. The court held that the second execution petition was barred by time and thus, the executing court had no jurisdiction to entertain the application for condonation of delay. The argument put forth by the petitioners regarding the lack of a fixed date for deposit of the remaining amount was not accepted, as the execution petition must be maintainable and filed within the limitation period. The impugned judgment of the Lahore High Court was upheld as it did not suffer from any legal infirmity. |
| Summary |
This case revolves around the specific performance of an agreement to sell land, where the petitioners failed to deposit the remaining sale price by the fixed date, leading to the dismissal of their suit. The petitioners later filed a second execution petition after a significant delay, which was challenged by the respondents. The Supreme Court emphasized the importance of adhering to the Limitation Act, stating that the executing court lacked jurisdiction to accept an application for condonation of delay in this context. The court's decision reinforces the necessity for timely legal actions and the enforcement of decrees in civil matters, particularly in real estate transactions. Key legal principles from the Specific Relief Act and Civil Procedure Code were applied, making this case a critical reference for future litigations involving specific performance and execution of decrees. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
FALAK SHER
|
| Lawyers |
Ch. Khurshid Ahmed, Advocate Supreme Court,
C.M. Latif, Advocate-on-Record for Petitioners,
Syed Kaleem Khursheed, Advocate Supreme Court,
Faiz-ur-Rehman, Advocate-on-Record for Respondents
|
| Petitioners |
,
MUHAMMAD HABIB
|
| Respondents |
others,
BASHIR AHMED
|
| Citations |
2006 SLD 2573,
2006 SCMR 910
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908)
|
| Sections |
12,
35,
48,
O.XXI, Rr.10,
23-A,
3,
Art.181
|