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MEER GUL vs Raja ZAFAR MEHMOOD S — 2024 SCMR 1496 SUPREME-COURT

Case information

Citation
2024 SCMR 1496 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
MEER GUL vs Raja ZAFAR MEHMOOD S
Subject matter
Criminal
Provisions referred to
S. 54---S; S. 12---S; S. 100

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

MEER GUL VS Raja ZAFAR MEHMOOD S. 54---Specific Relief act (I of 1877), S. 12---Suit for specific performance of an agreement to sell immoveable property---Balance sale consideration---Depositing in Court---Scope---There is no mandatory provision under the Specific Relief act, 1877 wherein, come what may, the plaintiff (buyer) has to tender the outstanding sale consideration in Court at the time of instituting or presenting the plaint or even at the time of admission of the suit by the Court before issuing summons to the defendant or defendants---So for all practical purposes, the deposit of the sale consideration or balance sale consideration in the Court is not an automatic or precondition by fiction of law but there must be an order of the Court for deposit with certain timeline with repercussions for non-compliance. Citation Name: 2024 SCMR 1496 SUPREME-COURTBookmark this Case MEER GUL VS Raja ZAFAR MEHMOOD S. 100 & O.XLI, R. 31---Second appeal---Scope---High Court under the sphere of Section 100, C.P.C., can take cognizance of a substantial question of law rather than triggering interference on a pure question of fact---Court should also formulate the question of law to meet the requirements of Order XLI, Rule 31, C.P.C.---In a Second appeal provided under Section 100, C.P.C the High Court cannot interfere with the findings of fact recorded by the first appellate Court, rather the jurisdiction is relatively delineated to the questions of law which is sine qua non for exercising the jurisdiction under Section 100, C.P.C.

Other judgments reported in 2024 SCMR

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