74/2007 Suit MUHAMMAD SALEEM. (Plaintiff) V/S M/S.PREMIER AGGLOW IND (Defendant)

74/2007 Suit MUHAMMAD SALEEM. (Plaintiff) V/S M/S.PREMIER AGGLOW IND (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 21-MAR-14

Civil Procedure Code (V of 1908)--- ----S. 151 & O. XXII, R. 3---Specific Relief Act (I of 1877), S.12---Suit for specific performance of contract---Refund of earnest money from the defendant---Inherent powers of court---Scope---Plaintiff filed suit wherein one of legal heirs on his death moved an application for refund of earnest money paid by his father to the defendant---Validity---Prayer for refund of earnest money was out of purview of the pleadings---Inherent powers under S.151, C.P.C. could not be stretched to change the complexion of a suit from the suit for specific performance of contract to the suit for refund of money---Legal heirs of the plaintiff had not been impleaded nor any application for the same had been moved---No material was on record whether applicant was the legal heir of the deceased---None of the legal heirs of deceased had authorized the applicant to claim/seek refund of earnest money from the defendant through court---Earnest money, if same was refundable, could not be refunded to the legal heirs unless they were impleaded in the suit or they produced succession certificate to claim the refund as legal heirs of the deceased---Application for refund of earnest money was dismissed in circumstances.