Find a Lawyer

G.R. SYED versus MUHAMMAD AFZAAL

Sections 12 and 22 Civil Procedure Code (V8 1908), O XII, R 6 Specific performance of the contract of sale for entry, afterwards, the waiver of non-payment of the balance amount by the defendant in the sale of the property to the defendant Had agreed with the condition that he would sell the land after adjustment / waiver from the development authority and the defendant on failure to inform the defendant of the failure to implement the sale and the waiver / adjustment by the development authority. A specific performance claim was filed against the defendant. Outside the suit and denied the payment of contemplation in the execution and written statement of the agreement OO XII, R 6, on the petition filed by the plaintiff under the CPC, the trial court granted the admissions by the plaintiff Light passed the order. It was by the respondent that this case was premature as in the absence of waiver / adjustment by the authority, the validity condition could not be adopted after the e-sale contract for the specified actor, which The suit was not necessarily waived by the plaintiff, for whose benefit the suit was filed, nor was it barred by law and the decision on the basis of admission was denied. In view of the vague and unambiguous entry on the record, the pathetic written statement and the nature of the defense, the provisions of OXII, R6, CPC were not only enforceable, but the discretion was used properly by the trial court for its execution. Was. The facts and circumstances of the case were not required to be paid until the balance was satisfied or the waiver thereafter after the adjustment / waiver was satisfied. how to become a advocate from Hattar lawyer