MUSHTAQ AHMAD vs MOHSIN IQBAL S — 2022 CLC 1461 LAHORE-HIGH-COURT-LAHORE

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MUSHTAQ AHMAD VS MOHSIN IQBAL S.12---Qanun-e-Shahadat (10 of 1984), Art.114---Suit for specific performance---Estoppel---Non-deposit of sale consideration by plaintiff---Scope---Plaintiff filed suit for specific performance of agreement to sell---Trial Court decreed the suit---Appellate Court directed the plaintiff to pay a certain amount as enhanced consideration amount within 30 days failing which the appeal filed by defendant would be deemed to have been accepted---Plaintiff filed an application before the Appellate Court seeking permission to deposit the enhanced consideration with certain delay, which application was dismissed---Meanwhile, defendant had filed a revision petition before the High Court---Plaintiff intentionally concealed the dismissal of his application and filed cross-objection before the High Court---Validity---Plaintiff had voluntarily and expressly showed his willingness to pay the decretal amount which amounted to an admission of his liability---Admission, even implied, by a party, before the court during the judicial proceedings had to be given sanctity while applying the principle of estoppel as well as to respect moral and ethical rules and if retraction therefrom was allowed as a matter of right, then it would definitely result into distrust of the public litigants over the judiciary and would damage the sacred image of the courts that they were not capable to implement the orders passed by them in the judicial proceedings---Any such admission even implied or statement given before the court of law would operate as legal estoppel and estoppel by conduct against a party making such admission or giving such a statement or understanding---Dismissal of plaintiff's application had created legal right in favour of defendant---Plaintiff could not have assailed the judgment and decree of the Appellate Court before the High Court---Cross-objection was dismissed---Appeal filed by defendant before Appellate Court was deemed to have been accepted---Revision petition was dismissed being infructuous.

MUSHTAQ AHMAD vs MOHSIN IQBAL S — 2022 CLC 1461 LAHORE-HIGH-COURT-LAHORE

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