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| 2025 clc 1870 |
رجسٹرڈ سیل ڈیڈ کو معاہدۂ بیع پر ترجیح
مقدمہ کا پس منظر
رجسٹرڈ سیل ڈیڈ کی قانونی حیثیت
فروخت کنندہ کے مؤقف کی اہمیت
عدالت کا حتمی فیصلہ
Must read judgment.
2025 CLC 1870
[Lahore]
Before Sultan Tanvir Ahmad, J
ZULFIQAR ALI ---Petitioner
Versus
Mirza ALTAF HUSSAIN and 3 others-Respondents
Civil Revisions Nos. 25008 and 25021 of 2023, decided on 9th September, 2024.
(a) Limitation Act (IX of 1908)--
-Ss.3 & 5-Civil Procedure Code (V of 1908), S. 115-Civil revision--Limitation-Civil revisions were filed within time, however, office objections were not removed within the specified time--Effect-Time consumed in removing the office objections, exclusion of---Applications filed for condoning the delay---Plea of misplacing the files of the cases due to shifting of office by the counsel- el-Validity-In cases in which certain objections are raised by the office, which render the institution of case in itself invalid or incompetent should be held to be time barred unless the objections or deficiencies indicated by the office are met within the time specified by the office-At the bottom of objection-sheets, received by the petitioner, it was clearly stipulated that the objections were to be removed within three (3) days, however, the petitioner despite receiving the files remained unable to return the same after removing the objections within the given time period-In the applications for condonation of delay it was stated that the counsel was shifting his office, whereas, in the course of argument the said counsel attributed the delay to some fellow advocate In the entire applications no dates of shifting the office or when the files were traced were given-Delay in re-filing the civil revisions was about fourteen months, thus, such a plea was repelled being implausible and unbelievable that the file could not be located in such a long period---Civil revisions were dismissed in limine, in circumstances.
Asad Ali and 9 others v. The Bank of Punjah and others PLD 2020 SC 736; Saleem Khan v. Mst. Zeenat and others 2023 CLC 1217; Province of Punjab and others v. Muhammad Arif and Company PLD 2022 Lah. 596; Lahore Development Authority v. Muhammad Rashid 1997 SCMR 1224 and Province of Punjab through District Officer Revenue, Rawalpindi and others v. Muhammad Sarwar 2014 SCMR 1358 rel..
(b) Transfer of Property Act (IV of 1882)-
-S. 48-Specific Relief Act (1 of 1877), Ss. 12, 39 & 54-Sale deed prior in time-Preference-Appellate court had refused to grant specific performance or to cancel the sale deed in favour of respondent for the reason that the agreement in his favour was prior to the one favour the revision-petitioner-Sale deed in favour of the respondent was admittedly registered and there was no deni on the part of the seller vis-à-vis agreement and the sale deed-Civil revision was dismissed.
Syed Hashim Raza Shamsi for Petitioner.