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MRS. AFZAL JEHAN versus MRS. RAZIA SULTANA


Civil Procedure Sections 12 (2) and 35 of the Code of Civil Procedure 1908 (1 of 1877), Failure of Sections 12, 42 and 54 of the Sale Contract Illegal Laws with Special Cost Seller to own the property Had a contract for sale, but could not complete the sale within the stipulated time, despite receiving a substantial amount of money as part of the sale consideration, under which a further contract was entered into between the parties under which the vendor was scheduled I agreed to refund Wendy in advance with the compensation. The parties also agreed that if the seller failed to return the money within the stipulated period, In any case, the Seller will perform the previous contract and the Seller will transfer the property to the Seller and will transfer the property in accordance with contract terms. Seller files suit for declaration, order and special performance Cordy, the CPC, alleged that consent was obtained in the voluntary collusion of the volunteer and in the consulship of the lawyer of the vendor by whom he was not authorized. Volunteer for voluntary voluntary approval said that the application was dismissed with maximum compensation costs under Section 35A; the CPC's conduct was most condemnable to the seller because it Did not transfer the property accordingly, despite receiving too much money from the seller. After receiving the balance amount, the terms of the contract, and not the court order

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