Parties Name
Abdil Ali Versus Additional District Judge, Gojra and others.
SUMMARY:
In the case of Civil Petition No. 2293-L of 2016, the petitioner sought specific performance of an agreement to purchase a house for Rs. 170,000. The petitioner had already paid Rs. 80,000, with the remaining Rs. 90,000 due by July 2007, later extended to February 2008. After failing to pay the balance amount by the new deadline, the initial suit was dismissed, but an appellate court allowed the petitioner to deposit the remaining amount within 15 days. When the petitioner failed to comply, the suit was dismissed.
Despite the dismissal, the petitioner filed execution proceedings based on a non-existent decree, which was rejected by the Revisional Court and upheld by the High Court. The petitioner’s counsel could not identify any legal errors in the decisions. The court emphasized that courts cannot extend the payment deadline beyond the terms of the agreement, and the buyer must show readiness and willingness to pay or make alternative arrangements like depositing the amount in court. The petition was ultimately dismissed due to the petitioner’s failure to meet the obligations, and the request for leave was denied.
JUDGEMENT
