Non mentioning names of marginal witnesses and fixation period of completion in the Plaint.
Suit dismissed.
2017 M L D 1195
[Lahore]
Before Muhammad Ameer Bhatti, J
ALLAH DITTA and 3 others---Petitioners
Versus
IMAM DIN and another---Respondents
C.R. No.810 of 2011, decided on 7th March, 2017.
Specific Relief Act (I of 1877)---
----S.12---Suit for specific performance of agreement---Oral agreement to sell---Non-mentioning of marginal witnesses and fixation of period of completion in the plaint---Scope---Plaintiffs/petitioners contended that though names of witnesses were not mentioned in the plaint but he should have not been non-suited as his witnesses testified payment of earnest money before trial Court---Validity---Deficiency obvious from the plaint was fatal and suit was not maintainable---Non-mentioning of names of witnesses and date of completion of oral agreement specifically in unequivocal manner was fatal; hence incorporation of those two elements in the plaint in unequivocal manner were necessary without which the suit of plaintiffs was not maintainable---Record showed that plaintiffs had not specifically incorporated names of witnesses as well as date of completion of agreement to sell in the plaint, which being fatal entailed penalty of dismissal of the suit---Revision was dismissed accordingly.
2013 SCMR 1300 ref.
Muhammad Zaheer Butt for Petitioners.
0 Comments