Sardar Muhammad Boota vs Jaffar Ali (deceased) O — 2026 MLD 898 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 MLD 898 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: MLD
Parties: Sardar Muhammad Boota vs Jaffar Ali (deceased) O
Subject matter: Civil
Provisions referred to: S. 52---S; S. 12---S; Property Act (IV of 1882); Specific Relief Act (I of 1877)

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

Sardar Muhammad Boota VS Jaffar Ali (deceased) O. XXIII---Transfer of Property Act (IV of 1882), S. 52---Specific Relief Act (I of 1877), S.12---Suit for specific performance of agreement---Resort to resolving dispute before the arbitrator---Withdrawal of case without permission to file fresh suit---Compromise, failure of---Restoration of suit sought---Benefit of rule of lis pendens, entitlement to---Scope---Claim of plaintiff was concurrently declined while holding him entitled for the reimbursement of earnest money---Record revealed that both parties (plaintiff and defendant) made statements before the Trial Court that they are referring the matter to an arbitrator for resolution of the dispute; after recording their statements and at the request of plaintiff /appellant, the suit was dismissed as withdrawn---Admittedly, no arbitration took place and it appeared that even the proceedings in arbitration never commenced---Appellant /plaintiff, after five months of dismissal of the suit, filed an application for restoration and for no reason defendant opted not to contest the same, resulting into restoration of the suit, which was dismissed as withdrawn without even permission to file afresh--- The matter was required to be seen under Order XXIII of C.P.C. and other relevant provisions of C.P.C.---Thus, two Courts below had not committed any mistake in reading the evidence led by two sides and they had arrived to the correct conclusion---Regular second appeal, filed by plaintiff, being merit-less, was dismissed.

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