NASIR MAHMOOD vs ZAFAR IQBAL Ss — 2025 PLD 171 LAHORE-HIGH-COURT-LAHORE

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NASIR MAHMOOD VS ZAFAR IQBAL Ss. 12, 39, 42 & 54---Civil Procedure Code (V of 1908), S. 148 & O. XVII, R.3---Suit for specific performance of agreement to sell, cancellation of document, declaration and injunction---Balance sale consideration, payment of---Non-compliance of Court order---Penal provision, invoking of---Extension of time---Principle---Previous conduct of party---Petitioner/plaintiff was aggrieved of order passed by Trial Court declining to extend time for deposit of balance consideration amount, resultantly suit was dismissed for not depositing complete balance consideration amount---Validity---When Trial Court invoked penal provisions of O. XVII, R. 3, C.P.C. due to non-compliance of order, no reference could be made to any previous omission or commission, if any, on the part of petitioner/plaintiff---In the event of non-compliance of Court's order, Court could invoke penal provisions of O. XVII R. 3, C.P.C. but prior to resorting to such penal action Trial Court should have satisfied itself that the party concerned had failed to comply with its order despite availing reasonable time---As per S. 148, C.P.C., Court enjoys power to extend period fixed by it for performance of an act by a party to the lis upon showing sufficient cause for non-compliance of its order within the stipulated period---Trial Court failed to exercise such powers despite the fact that petitioner/plaintiff filed application for extension of time to comply with order in question prior to expiration of period fixed by Trial Court---Such act of Court amounted to failure on its part to exercise power vested in it, which called for interference by High Court in exercise of its revisional jurisdiction vested under S. 115, C.P.C.---High Court set aside order in question and remanded the matter to Trial Court for decision afresh---Revision was allowed accordingly.

NASIR MAHMOOD vs ZAFAR IQBAL Ss — 2025 PLD 171 LAHORE-HIGH-COURT-LAHORE

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