177/2010 Const. P. Muhammad Azam Siddiqui and another (Petitioner) V/S Mrs. Rana Ejaz and others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 12-DEC-12
The strength of the learned trial court order as well as of the appellate Court order is that one advocate namely Sardar Abdul Hameed Iqbal has filed an undertaking on behalf of the petitioner No.1. This could hardly be a ground to reject the application under section 12(2) CPC as primarily what is to be seen by the learned trial court as well as appellate Court is whether there was sufficient material in terms of the bailiffs report which is available on record to hold the service good against the petitioners or not. The question of filing of undertaking on behalf of petitioners is of no material consequence as it can be a managed one since it is not signed by the petitioners. Hence the learned trial court while rejecting the application under section 12(2) CPC as well as appellate Court has mainly /relied on the undertaking given by one advocate. The learned trial court has decreed the suit for specific performance against the petitioners and has ordered for registration of the conveyance deed in favour of respondent No.1. Such valuable rights in this case which were taken away from the petitioners are at stakFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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