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NASIM AKHTAR versus ABDUL HAMEED


Specific Relief Act 1877 Sections 9 and 12 Civil Procedure Code (v. 1908), AXXIII, R3 Contract Act (IX of 1872), Section 2A Constitution of Pakistan (1973), Article 185 (3) Specific Performance of Contract Statement In the court, a binding contract suit under section 9 of the Special Relief Act, 1877, was dealt with under the provisions of OX XXII, R 3, for the enforcement of the settlement, the CPC applicant filed a special performance case, The trial court dismissed the case and the verdict was upheld. The High Court also dismissed the request for review by the lower appellate court. The applicant's stand was that it had executed a valid legal agreement between the parties and the issue was considered by OI XXII, R3. Can be enforced as a compromise. , CP, C Accuracy The lower appellate court correctly found that the offer was hot and under the consideration of Section 2A of the Contract Act, 1872, that no binding contract existed. It cannot be pleaded between the parties and the applicant that the applicant has the right to use the contract as an independent means of treatment, which will only mean that the applicant, with the exception of the agreement as a whole. If available, any other remedy where the case was not properly sustained in view of the court's victories in the case under section 9 of the Special Relief Act 1877, could not be dismissed or challenged in this case. Could have been an appeal leave. Refused

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