2005 PLP 2866 (YLR)

Suit for specific performance instituted by the appellant was dismissed by the trial Court for non-compliance of Court's order whereby the appellant/plaintiff had to make deposit of the balance consideration money of Rs.10,400,000 but he failed to do so. This appeal is directed thereagainst.

2. The learned counsel for the appellant contends that the trial Court ought to have given reasonable time to the appellant/plaintiff for payment of the balance consideration amount. On the other hand, it is stated by the learned counsel for respondents Nos.1 to 3 on instructions that in case the appellant/plaintiff makes deposit of the balance consideration money by or before 10-4-2004, they have no objection to the grant of decree in favour of the appellant/plaintiff and the decree impugned herein may be modified accordingly. This offer has been accepted by the learned counsel for the appellant.

4. It is thus directed that the appellant/plaintiff would make deposit of the balance consideration money of Rs.10,400,000 by or before 10-4-2004 before the trial Court. In case it is so done, the decree impugned shall stand modified accordingly and in case the appellant/plaintiff fails to make deposit, the decree passed by the trial Court will remain intact. The appeal is disposed of in view of the above consent arrangement. C.M. No.1-C of 2004 Jamshed Bahadur for Appellant. ORDER Suit for specific performance, instituted by the applicant had been dismissed by the trial Court on 5-12-2003. He then filed appeal thereagainst. On 1-4-2004 when the appeal came up for hearing before the Court the learned counsel for the respondents made an offer that "in case the appellant/plaintiff makes deposit of the balance consideration money by or before 10-4-2004, they have no objection to the grant of decree in favour of the appellant/plaintiff and the decree impugned herein may be modified accordingly." The said offer was accepted by the learned counsel for the appellant and the appeal was disposed of in terms of the said consensual agreement between the parties. This application has been filed under section 148 read with section 151 of the Code of Civil Procedure, 1908 for enlargement of the time on the ground:- "

3. That since filing of the titled appeal, the appellant/applicant remained in a state of uncertainty regarding disposal of appeal and deposit of remaining consideration amount and during this period the appellant/applicant used this amount in severe urgency in his business matter with the hope to arrange the same as and when be ordered by this Honourable Court.

4. That the appellant/applicant has tried his level best to collect the above said amount to comply with the orders of this Honourable Court but presently due to fluctuation of prices of land in the market, the appellant/applicant is not in a position to arrange the balance consideration amount within the period fixed by this Honourable Court." (underlined by us). After hearing the learned counsel we find that no cause, worth considering has been made out for extension in time. indeed it shows beyond doubt that the applicant was not ready to perform his part and had no money with him. Besides, the time was fixed by the parties themselves of their own as per offer and acceptance made before the Court on 1-4-2004. There is thus hardly any justification for the applicant to seek extension in time nor is he entitled to the exercise of discretion in his favour. Reference in this context may be made to Syed Ahmad Shah and 2 others v. Muhammad Yar and 6 others 1974 SCMR

191. The application being without merit is dismissed. M.I./H. B.T./M-357/L Order accordingly.