Section 39 Civil Procedure Code (v. 1908), Section 148 Contract Termination The specific performance of the seller's contract was decided in favor of the defendant / seller, but did not deposit the balance consideration amount and Delayed tactics / lawyers were filed to cancel the sale agreement, and the two courts below, together, dismissed the case in their favor. The petition submitted by the accused / vendor was that there was some error in the order passed by the previous court and time was sought for the correction of the plaintiff of the same authenticity. / The seller was well aware of the court's order regarding the deposit to be considered at the beginning of the sale consideration but he used the deliberate and deliberate delay tactics to get the maximum time, target date About one year after the expiry of the term, the defendants moved. Request for amendment of the decree but not intentionally seeking extension of time when this application was granted two years later, then the respondent / seller filed an application for extension of application under Section 148, CPC. There was no special terminus for canceling the contract of sale, which could not be allowed in view of the defendant / seller's conduct, but the facts were compelled when the plaintiff / vendor took such action when the defendant / Seller failed to fulfill its obligations and only paid one third of the suit property and its fruits If the plaintiff / shopkeeper was enjoying the possession against the bite, ask for the cancellation of the sale agreement.
Related judgments — Lahore High Court Lahore, 2012
