FEROZ BARI vs Syed AYAZ HUSSAIN S — 2023 PLD 263 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLD 263 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLD
Parties: FEROZ BARI vs Syed AYAZ HUSSAIN S
Subject matter: Criminal
Provisions referred to: S. 12---C; S. 12; Civil Procedure Code (V of 1908)

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

FEROZ BARI VS Syed AYAZ HUSSAIN S. 12---Civil Procedure Code (V of 1908), Ss. 12(2) & O. IX, R.13---Suit for specific performance of agreement to sell---Setting aside ex parte decree---Scope---Petitioner assailed the ex-parte judgment and decree passed by Trial Court whereby the respondent's suit for specific performance of oral agreement to sell was decreed---Validity---Respondent had placed reliance on a handwritten receipt issued by the petitioner while receiving part payment through cheque---Petitioner while denying any privity of contract and issuance of the receipt had claimed that it was a forged and fabricated document---However, he had not submitted any application challenging his alleged handwritten receipt---Nor had he even attempted to get framed an additional issue of referring the matter to handwriting expert during hearing of the application under S. 12(2), C.P.C. by the Trial Court---Nonetheless, the petitioner had admitted during evidence that he had issued a receipt in terms of the cheque to the respondent---Petitioner had not only en-cashed the cheque but had also issued the receipt, inter alia, undertaking to transfer the property---Petitioner had been playing hide and seek during the judicial proceedings as while answering the notices/letters of the housing society, he ignored the court summons/notices delivered through bailiff and courier inscribing the same Postal Address---Constitutional petition was dismissed.

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