855/2021 Suit ISHRAT SWALEH (Plaintiff) V/S MST. FARZANA SHAIKH & OTHERS (Defendant)

855/2021 Suit ISHRAT SWALEH (Plaintiff) V/S MST. FARZANA SHAIKH & OTHERS (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author) Order Date: 10-JUN-22

under Order VII Rule 11 read with Section of 151 CPC Defendant No. 2, seeks rejection of the Plaint. suit for Specific Performance and Permanent Injunction. Black's Law Dictionary, Fifth Edition, an agreement between two or more persons which creates an obligation to do or not to do a particular thing. The Contract Act, 1872 [the Act] defines the term Contract under its section 2 (h) as An agreement enforceable by law. it cannot be revoked/terminated, yet it may be observed that merely the use of the word irrevocable in a power of attorney will not make it so, unless it is clear from the terms that it is an agency coupled with interest of the agent without which it will be only an independent authority lacking the interest as envisaged in Section 202 of the Contract Act, 1872. Insofar as the question of limitation is concerned, Article 113 of the Limitation Act, 1908, provides period of limitation of three years for filing of a suit for specific performance of contract.