PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

USUF PAKISTAN (PVT.) LTD. vs MUHAMMAD SABIR CHIPPA S — 2024 CLC 1279 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 1279 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
USUF PAKISTAN (PVT.) LTD. vs MUHAMMAD SABIR CHIPPA S
Subject matter
Criminal
Provisions referred to
S. 55---S; S. 12---C; S. 55; Civil Procedure Code (V of 1908); Civil Procedure Code

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

USUF PAKISTAN (PVT.) LTD. VS MUHAMMAD SABIR CHIPPA S. 55---Specific Relief act (I of 1877), S. 12---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for specific performance of an agreement to sell---Time as essence of the contract---Scope---appellant ( plaintiff / vendee) assailed order passed by the Civil Court whereby stay having been granted in favor of the appellant/ plaintiff had been vacated by dismissing the application under O. XXXIX of the Civil Procedure Code, 1908---Validity---Often it is misconstrued that time is not the essence of the contract in cases of specific performance, in respect of the immovable property, and generally, reliance is placed on S. 55 of the Contract act, 1872---archaic rule that, generally, time is not of the essence in contracts involving the sale/purchase of immoveable property, could not be used as a ground to grant or otherwise refuse specific performance unless the circumstances that prove otherwise are highlighted and proved by the vendor and or vendee as the case may be---In the present case, obligation was not fulfilled by the appellant / plaintiff---If a buyer does not fulfill his primary obligation to secure/tender the sale consideration and files suit and does so without depositing the sale consideration in court at the first opportunity, the buyer is placed in an advantageous position---Without prejudice to the rights of parties in pending litigation, High/appellate Court did not find any illegality in the impugned order of dismissal of stay application---appeal filed by the plaintiff was dismissed, in circumstances.

Other judgments reported in 2024 CLC

Back to the case-law library · Search Pakistani case law in Urdu or English