1994SCMR3858 (PLP)
Mst. SALIMA BIBI ‑‑‑ Petitioner Versus Mst. HALIMA BIBI‑‑‑Respondent
| Citation | 1994SCMR3858 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Shafiur Rahman and Saad Saood Jan, JJ |
| Parties | Mst. SALIMA BIBI ‑‑‑ Petitioner Versus Mst. HALIMA BIBI‑‑‑Respondent |
| Primary Law | Specific Relief Act (I of 1877)‑‑‑ |
Q1: What are the key laws and sections cited in 1994SCMR3858 (PLP)?
This judgment primarily cites: Specific Relief Act (I of 1877)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994SCMR3858 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Shafiur Rahman and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994SCMR3858 (PLP) (Mst. SALIMA BIBI ‑‑‑ Petitioner Versus Mst. HALIMA BIBI‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ghani, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 21st July, 1993.
Headnotes / Summary
(From the judgment/order of Lahore High Court, Lahore, dated 8‑4‑1992 in C.R. No. 184‑T of 1992). ‑‑‑‑S. 12‑‑‑Civil Procedure Code (V of 1908), O.VI, R.1‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Raising of new plea contrary to one's pleadings‑‑‑Legality‑‑‑Plaintiff's suit for specific performance of agreement of sale was decreed and that decree was maintained up to the High Court‑‑ Defendant taking up plea before Supreme Court which was opposed to her pleadings‑‑‑Such plea could not be allowed to be raised as being opposed to her pleadings‑‑‑Defence also denying agreement of sale between the parties‑‑ Such plea which raised factual controversy was not taken by defendant before High Court and same could not be allowed to be raised before Supreme Court‑‑‑Leave to appeal was refused in circumstances.
Judgment & Decree
‑‑‑‑S. 12‑‑‑Civil Procedure Code (V of 1908), O.VI, R.1‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Raising of new plea contrary to one's pleadings‑‑‑Legality‑‑‑Plaintiff's suit for specific performance of agreement of sale was decreed and that decree was maintained up to the High Court‑‑ Defendant taking up plea before Supreme Court which was opposed to her pleadings‑‑‑Such plea could not be allowed to be raised as being opposed to her pleadings‑‑‑Defence also denying agreement of sale between the parties‑‑ Such plea which raised factual controversy was not taken by defendant before High Court and same could not be allowed to be raised before Supreme Court‑‑‑Leave to appeal was refused in circumstances. Muhammad Ghani, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioner. Nemo for Respondent. Date of hearing: 21st July, 1993. SAAD SAOOD JAN, J.‑‑‑This petition for special leave to appeal arises out of a suit filed by the respondent against the petitioner for the specific performance of a contract for the sale of agricultural land. It was decreed by the trial Court. The petitioner's appeal before the Additional District Judge and the revision petition before the High Court failed. She now seeks leave to appeal from this Court.
2. The only contention raised in support of this petition is that the land in dispute was under litigation in a pre‑emption suit which was still pending and that during the pendency of the said suit the respondent's claim for specific performance of the agreement could not be allowed.
3. This contention is entirely without merit pad is against the petitioner's own pleadings. She had clearly stated emption suit had since been decided. In the circumstances, the petitioner cannot be allowed to take a plea which is opposed to her pleadings.
4. Learned counsel for the petitioners also contended that there was no agreement for the sale of land between the parties. This plea which raises a factual controversy was not taken up by her before the High Court. We are not prepared to permit her to raise it before us. Leave is refused. A.A./S‑860/S` Leave refused.