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MUHAMMAD SHARIF versus FAJI


Contract Act 1872 Section 55 The essence of the contract must be the effect of the failure of the contract to sell the default party, the terms of the contract, the parties' conduct and the circumstances surrounding it must be scrutinized in order to arrive at a proper sale. Evidence on the record that the parties were in unclear terms, as the essence of the contract, in the agreement was clearly indicating that the plaintiff failed to adopt the due date along with the balance amount and to perform his part of the contract. I was unsuccessful and it was in his account that the sales contract could not be executed. The Terms clearly state that the failure of the claimant to pay his part of the contract will result in the forfeiture of the balance due. The first appellate court correctly found that time was the essence of the contract and that the plaintiff had failed to play its part in the decision of the contract, and the decree submitted by First was affirmed by the appellate court while in the trial. The court dismissed the plaintiff's case separately. Sis

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