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FAZAL HUSSAIN versus MUHAMMAD SAEED


For the specific performance of the agreement to submit the balance amount within the time fixed on the appeal of the defendant by the High Court, decided by the plaintiff in the trial under Sections 12 and 35 of the Special Relief Act 1877 The case and the plaintiff have been allowed to withdraw the balance. The High Court was to submit the review by the High Court within the timeframe of the review, while rejecting the review, the plaintiff applied to the Implementing Court for the execution of the decree and did not set aside time for submission. ? Prior to the dismissal of the defendant's appeal, the defendant applied the amount of the balance collected within the time fixed by the court. The High Court had failed to pass a new order regarding the re-deposit of the amount (in which the plaintiff withdrew under the interim order of the High Court). The duration of the litigation, satisfied with the submission of the balance amount on the order of the court executing the term, was the correct tender of the money. The court retained the authority to extend the time even after the order was passed for specific performance. But in the case of non-submission of the balance amount only, the order may be withdrawn under the provisions of Section 35, Special Relief Act, 1877. The balance amount was made within a stipulated time, before the question of salvation was raised before the decree was complied with.

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