MUHAMMAD SIDIQUE vs Syed RIAZ SHAH S — 2023 MLD 404 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SIDIQUE VS Syed RIAZ SHAH S. 12---Civil Procedure Code (V of 1908), Ss. 115 & 148---Suit for specific performance of agreement to sell---Balance consideration amount, non-deposit of---Extension in time---Principle---Petitioner/decree-holder was aggrieved of order passed by the two Courts below declining to enlarge time for deposit of balance consideration amount within the time stipulated in decree---Validity---Decree passed in an action of specific performance of an agreement to sell was not final but preliminary in nature---Court passing the decree retained seisin over the lis and had also retained power to enlarge or extend time for payment of purchase price fixed therein---Possibility was that expression of adjudication of a decree in a suit for specific performance of an agreement to sell was conditional and the Court which had granted the decree could retain jurisdiction till fulfillment of such condition including but not limited to extending the time for deposit of balance sale consideration within the period stipulated in the decree under consideration and till the time the condition was complied with within stipulated time, such decree would also be construed as preliminary decree---Petitioner/decree holder despite having knowledge that decree contained a self-operative penal clause yet defaulted in payment of balance sale consideration for more than three and half months and the reasons for such delayed application seeking extension of time was bereft of any lawful justification or reliable substantiation---Petitioner/decree holder could not deposit the amount, due to inadvertent mistake and reason for his ailment throughout remained unsubstantiated---Courts below lawfully declared that petitioner/decree holder did not deserve favorable discretion and had rightly declined his application---High Court in exercise of revisional jurisdiction declined to interfere in orders in question as jurisdiction exercised by Courts below was not tainted with any illegality nor was stained with any material irregularity and the same were free from any jurisdictional or legal flaw, as the relief was equitable and discretionary in nature--- Revision was dismissed in circumstances.

MUHAMMAD SIDIQUE vs Syed RIAZ SHAH S — 2023 MLD 404 LAHORE-HIGH-COURT-LAHORE

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