MUHAMMAD MAROOF AHSAN versus BEACH DEVELOPERS THROUGH PARTNER
Sections 9, 12, 42 and 54 of the Civil Procedure Code (v. 1908), O. XXXX, R1 of the Sindh Buildings Control Ordinance (V of 1979), Section 13 (3) of the Declaration, suit for specific performance, occupancy, compensation and injunction. Need for a lawyer to be executed in a foreign country Plaintiff defendants booked a residential apartment in a construction project, paid the installments in time, but defendant neither completed the plan nor handed over the entire apartment to the plaintiff within the stipulated time. ? The effect was not a single apartment, nothing was brought on record by the defendant to prove that the defendant was demanded to clear his dues and to take possession of the apartment. Minor balance was due; the plaintiff was entitled to withhold the said amount, the defendant had failed to complete the apartment and was obliged to pay for each delayed month in handing over the apartment which he had received according to the supplementary claim. However, the defendant can only claim a fine if the defendant failed. Occupy the whole apartment In the absence of default by the plaintiff in payment of installments, the defendant was not entitled to cancel the contract The defendant's absence was intended to stop the proceedings, all the partners of the plaintiff firm went abroad Went, the lawyer who appeared on behalf of the attorney who was executing in favor of the attorney should confirm the Pakistan Embassy Power of Attorney when it was executed in a foreign land, its identity There is no cost unless required by the Pakistan Embassy / Consulate in this country
Related judgments — Karachi High Court Sindh, 2011
