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MIRZA ZAFAR IQBAL BAIG versus MIRZA AYUB BAIG


Article 12 and 35 Civil Procedure Code (v. 1908), Section 148 Constitution of Pakistan (1973), Article 199 Constitution Balance Order Suit for Specific Performance of Contract to Sell Contract Extension in Time Which was partially assembled. Balance consideration within the time set by the trial court and the balance amount pending in the appeal After the appeal has been dismissed by the High Court, the defendants deposited the remaining amount within the time allowed by the trial court, after which the appeal was dismissed. Subsequently, the trial court retained the extension of time. The lower appellate court used the defendant's use of the amended jurisdiction that the trial court had become a fiduciary after the decree was passed, so, in the case of a special performance decree, the question There was no jurisdiction to extend the time to deposit money. Where the decree-holder failed to make a non-declaratory payment, the court was also liable to increase within the time fixed by the court and to withdraw from the contract under section 35 of the Special Relief Act 1877. Raised, the court which passed the decree maintained its control over the lace and there was no form specified for the drawing of a specific performance drawing under the law, nor a dismissal amount in the trial court, rejecting the appeal of the defendants. After the large portion of the deposit was given a specific date for depositing the balance Was. The specific date for submitting the balance amount at the time of the appeal decision by the High Court defendants is in your constitutional jurisdiction.

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