Mst. SHAHNAZ ABID vs VISIONARY BALUCHISTAN MEDIA CORPORATION (PVT — 2023 MLD 1142 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1142 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: Mst. SHAHNAZ ABID vs VISIONARY BALUCHISTAN MEDIA CORPORATION (PVT
Subject matter: Civil
Provisions referred to: S. 55---L; S. 12---C; S. 55; Limitation Act (IX of 1908); Specific Relief Act (I of 1877); Civil Procedure Code (V of 1908); Contract Act; Limitation Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. SHAHNAZ ABID VS VISIONARY BALUCHISTAN MEDIA CORPORATION (PVT.) LTD. S. 55---Limitation Act (IX of 1908), Art. 113---Specific Relief Act (I of 1877), S. 12---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for specific performance---Effect of failure to perform at fixed time, in contract in which time is essential---Scope---Plaintiff sought the enforcement of a sale agreement, while the defendant sought the rejection of the plaintiff's claim---Validity---Total sale consideration was nineteen million rupees and the defendant had received only fourteen hundred thousand rupees so far---In an earlier suit, the parties had entered into a compromise and an order was passed for the payment of the balance sale consideration within eight months---However, the order was not complied with, even partially---Said order had made the sale agreement a contract in which time was of the essence, as envisaged under S. 55 of the Contract Act, 1872---Plaintiff had failed to demonstrate a bona fide intention to complete the sale consideration and, therefore, lacked readiness and willingness---Furthermore plaintiff had presented the instant plaint seven years after the agreement to enforce the contract, and under Art. 113 of the Limitation Act, 1908, three years' time was mentioned for seeking enforcement of the contract from the date of refusal---Consequently, the plaint was rejected.

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