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ZAHIDA BEGUM versus SAEED YOUSAF SHEIKH

Special Relief Act 1877 Section 22 Civil Procedure Code (v. 1908), Section 96 and OX, R14 Trial Court while issuing a special performance decree requiring the applicant to deposit the balance amount I exclude the claim that there is no law in place. , If the court ordering specific performance, indicated that it would be terminated in the event of failure to pay the balance sale price by the due date, during the trial, the court gave such order Did not commit the error. For specific performance, he must demonstrate proof of his readiness and willingness to pay the obligations under the sales contract to reflect his responsibilities and readiness, and must show that he is due within a set time. Could get the required funds and he was ready with the funds in it. The pocket, when it approaches the court for the execution of the contract, the vendor can agree at any stage, let the case be decided and the contract enforceable, which cannot be ruled out. The seller, by excuse, that he cannot arrange the funds or that there is a lack of time that exemption from specific performance cannot be allowed by demonstrating in nature, if one does not act in haste and in his style If the process is not proven, then it is motivated to perform the obligations in the terms of the contract The plaintiff is not ready and willing to perform his duties, despite having the opportunity to do so, at the time of the order set out in the trial. Full payment of equitable relief to the trial court subject to payment of the balance price within patent advocate from Mithi lawyer