ATTAULLAH vs GHAZANFARULLAH O — 2025 PLD 45 PESHAWAR-HIGH-COURT

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ATTAULLAH VS GHAZANFARULLAH O. XVII, R. 3 & O. XV, R. 4---Specific Relief act (I of 1877), Ss.12, 42 & 54---Suit for specific performance, declaration and permanent/mandatory injunction---alternate prayer for recovery of earnest money---Non-deposit of remaining sale consideration---Dismissal of suit by the Court under O. XVII, R. 3, C.P.C.---Power of Court to proceed further when either party fails to comply with order of the Court or when provisions of O. XVII, R. 3, C.P.C., is invoked---Scope---Contention of the petitioner was that suit should have been dismissed entirely without passing of money decree---Validity---Where a party to a suit, to whom time has been granted, fails to perform any act necessary to the further progress, for which time has been allowed, the court may, notwithstanding such default, proceed to decide the suit forthwith---Word 'forthwith' does not mean to pronounce judgment at once or dismiss the suit at the same time---Though the word 'forthwith' means without any further adjournment yet, it cannot be equated with the words "at once pronounce judgment' as used in O. V, R. 4, C.P.C.---Language employed in O. XVII, R. 3. C.P.C., by using the words 'the Court may, notwithstanding such default, proceed to decide the suit forthwith' is permissive and discretionary and does not, in all circumstances, entail penal consequences---although suit of the respondent could be dismissed due to non-deposit of remaining sale consideration, yet he could not be dislodged from the relief in equity for the return of already paid money---Provisions of R. 3 of O. XVII do not place any bar on the discretion of Court to proceed ahead with the suit in view of the circumstances of the case---Civil Revision was dismissed accordingly.

ATTAULLAH vs GHAZANFARULLAH O — 2025 PLD 45 PESHAWAR-HIGH-COURT

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