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HAJI ABDUL HAMEED KHAN versus GHULAM RABBANI


Section 12 Constitution of Pakistan (1973), Article 185 (3) Balance amount up to the date of the plaintiff for submission of specific performance of the contract to sell the balance, the suitability of the suit trial court's removal, the balance consideration Failure to submit was set forth in the trial court's decision, which resulted in the plaintiff's dismissal of the case pending the balance consideration, requesting his stay. An interim order was issued by the High Court, the interim order passed by the High Court had no effect. The intention of the plaintiff to deposit the sale amount and the order was not to prevent the plaintiff from performing the part of his contract that he has been trying to enforce for the past two decades. Equal treatment of specific performance should always be ready and willing to perform its part of the contractual ethos. It is clear again about the plaintiff that he is withholding litigation on one or the other grounds and that he is successful on an unsecured basis. Since the plaintiff did not deposit the sale amount in compliance with the trial court's decision, as well as the High Court in the extension period allowed by her, the assumption would be that the plaintiff was not serious that the plaintiff was not in agreement with her in relation to the remedy Part of performance didn't appear ready to be paid. The two courts below were found to have no legal weakness or were denied jurisdictional error appeals.

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