2019 YLR 2423 Specific Performance in Concealment of Facts
Order…9 Rule…13 and O…5 Rule…17,18,19…Specific Relief Act I of 1877 setting aside of … Concealment of facts…Effect…Trial Court accepted the application for setting aside of ex-parte decree but the same was dismissed by the Appellant Court…Validity…Address of defendants given in the plaint was insufficient and vague for the purpose of service…No order for publication of notice could be made in circumstance…Defendants were never served with any process or summons…Plaintiff deliberately concealed the correct particulars of address and order for substitute service was obtained by concealment of facts and misrepresentation…Impugned decree was obtained by fraud and misrepresentation by providing misleading information…Trial Court was kept in dark by withholding material information…Ex-parte decree was passed subject to deposit of remaining sale price within specific time limit…Decretal amount was never deposited within the prescribed time which resulted in dismissal of suit filed by the plaintiff…Ex-parte decree passed in the favour of plaintiff had become redundant, in circumstances…Executing Court had no jurisdiction to allow extension of time or execute a redundant decree…Where execution of documents or wakalatnama was denied then onus to prove positive plea of alleged execution would be upon the person who had claimed its execution and raised positive assertion…Impugned order passed by the Appellant Court was based on mis-reading of record which was set aside while that of Trial Court was restored…Trial Court was directed to initiate the de novo proceeding and decide the suit in accordance with law… Constitution petition was allowed in circumstance.
Major Ingredients of Judgment
1.Specific Relief Act
2.Specific Performance of Agreement to Sell
3.Order 9 Rule 13 CPC
4.Order 5 Rule 17, 18, 19 CPC
5.Concealment of Facts
6.Set-aside Ex-parte Decree
7.Plaint was Insufficient and Vague for Purpose of Service
8.Process of Summons / Notices
9.Decretal Amount
10.Extension of Time
11.Execute a Redundant Decree
12.De Novo Proceedings
CH. MUHAMMAD SHAHID BHALLI
Advocate High Court
Mob: 0301-6001125
Chamber No. 3 First Floor Adnan Center,
Model Town Link Road Lahore