Section 144 Specific Relief Act (of 1877), Section 12 suit for specific performance for sale of immovable property, plaintiff's jurisdiction suit for restitution was dismissed, then filed by the plaintiff During the appeal, one of the defendants filed a sale agreement in favor of the plaintiff, after which the appeal was withdrawn by the plaintiff, after which the other defendants filed an application under section 144 of the CPC In which it was claimed that the sale process must be kept separate, which was allowed by the appellate court to appeal to the plaintiff. That the appellate court has no jurisdiction to entertain the petition under section 144, CPC. Providing legitimate conditions for the restoration of section 144, the CPC has laid down the principle that no one shall be subjected to prejudice by this act of the court; It is assumed that this act of the court did not cause any harm to the parties and when such injury has been caused by the court f. Revoke and restore the wrong party to the position to which it was entitled. In the present case, no order was passed by the trial court and the case was fully settled. The matter was excluded, and the sale process was filed as an appeal and therefore the application filed under section 144 was not retained as the sale process was registered between the parties and the court was assisted. Was enrolled without a jurisdiction to be set aside
Related judgments — Lahore High Court Lahore, 2013
