ZULFIQAR ALI vs NISAR AHMAD KHATEEB Ss — 2022 CLC 1361 KARACHI-HIGH-COURT-SINDH

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ZULFIQAR ALI VS NISAR AHMAD KHATEEB Ss.12 & 54---Suit for Specific transfer---Balance sale consideration---Willingness and Capability to perform part of agreement---Covid-19, relevancy of---Suit for specific performance, damages and injunction---Appellant/plaintiff was directed to deposit balance sale consideration with the Nazir of the Court---In view of non-compliance of Court's order and non-appearance of appellant and his counsel suit was dismissed by Single Judge of the High Court---Appellant contended that amount could not be deposited on account of financial crunch during prolonged period of lockdown for Covid-19 pandemic; that appellant was willing/ready to comply with the said order of the Court; that Single Judge had to decide the suit on merits instead of technicalities; and that deposit of amount (balance sale consideration) otherwise was not requirement of law in suit for specific performance---Validity---First date of hearing (on 11/05/2017), ex-parte ad-interim restraining order was passed against respondent which was operating since then---Suit did not proceed further till 05/03/2020 when Court issued direction to appellant to deposit balance sale consideration before proceeding further and that ad-interim restraining order would continue subject to such deposit---Appellant/his counsel had neither appeared on next date of hearing, nor complied with the Court's order---Case was again adjourned by the Court in the interest of justice but on the next date again appellant/his counsel remained absent without any intimation---Court vacated ad-interim order on 10/07/2020 and fixed the case for 22/09/2020---On said date nobody appeared on behalf of appellant nor requested for extension of time for deposit of amount---Court was justified to dismiss the suit---Purchaser, in case of specific performance of sale agreement, had to establish his willingness and capability to perform his part of agreement regarding payment of sale consideration within stipulated period and only then he could claim the discretionary relief of specific performance---Appellant failed to make out a prima facie case through evidence and documents and also failed to comply with Court's order to deposit the balance amount of sale consideration in Court and did not pursue the case after obtaining ad-interim restraining order---Said conduct reflected upon the un-willingness and incapacity of appellant to perform his part of agreement---Appeal was dismissed along with listed applications.

ZULFIQAR ALI vs NISAR AHMAD KHATEEB Ss — 2022 CLC 1361 KARACHI-HIGH-COURT-SINDH

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