Lawkidunya Provided Latest Judgment on Suit For Specific Performance approved by Supreme Court of Pakistan Vide Judgment 2024 SCP 376. Muhammad Ali Mazhar-J: This Civil Petition for leave to appeal is directed against the judgment dated 22.11.2021 passed by the learned High Court of Sindh, Circuit Court, Hyderabad, in IInd Appeal No.70/2021, by dint of which the order dated 29.10.2020, passed by VIII Senior Civil Judge, Hyderabad, rejecting the plaint in F.C Suit No.523 of 2020 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (“CPC”), and the order affirmed by the judgment and decree dated 06.08.2021 passed by the learned IXth Additional District Judge/MCAC-I, Hyderabad, in Civil Appeal No.142 of 2020 were set aside and the matter was remitted to the Trial Court to be decide on merits.
2. According to the facts narrated in the memo of civil petition, the respondent No.1 filed the civil suit for specific performance of contract, recovery, and permanent injunction against the petitioner. A registered Partnership Deed was executed on 15.04.2013 between Abdul Qayoom and Mrs. Zareen Imtiaz for running the business of assembling-cummanufacturing of Motorcycles, Rickshaws, Tricycles, Import, Export, and trading other commodities in the name and style of Haji Motors, SITE Hyderabad. The aforesaid partners, by mutual consent, retired Civil Petition No.49-K of 2022 2 from the partnership firm and such deed of retirement, dated 15.09.2015, was executed and registered before the Registrar of Firms.
Thereafter, the petitioner and respondent No.1 mutually agreed to run abovementioned business and executed another Partnership Deed on 16.09.2015 before the Registrar of Firms, whereby the respondent No.1 was appointed as the managing partner and was fully authorized to look after, manage, supervise, administer, and control all of the affairs of the partnership business. However, after some time, the petitioner agreed to sell her 50% share in the partnership to the respondent No.1 and entered into an agreement dated 23.09.2019 against the total sale consideration of Rs.5,00,00,000/- (Rupees five crores). The respondent No.1 asserted in the suit that he already paid Rs.2,50,00,000/- (Rupees two crores and fifty lakhs), and the remaining amount was to be paid on 20.12.2019 in compliance of the sale agreement for which he arranged different pay orders, but the petitioner requested him to delay the sale transaction on account of her husband’s illness, who eventually died on 17.01.2020. Since the petitioner failed to perform her part of the contract, hence the respondent No.1 filed the civil suit. The petitioner/defendant filed the written statement along with an application under Order VII Rule 11, CPC. The Trial Court rejected the plaint, and this order was also affirmed by the Appellate Court. However, the Second Appeal was allowed by the High Court and the matter was remanded with directions given to the Trial Court to decide the suit on merits. Download on Lawkidunya
