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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: GHULAM AHMAD VS Respondent: SHEIKH and 5 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: GHULAM AHMAD vs SHEIKH and 5 others Case No.: Civil Petition No,178 of 1984 Date of Judgment:1988-09-03 Reported As: 1989 SCMR 1404 Result: Leave granted
Judgment ORDER ' SAAD SAOOD JAN, J.--The petitioner's suit for specific performance of an agreement for sale of property was decreed by the trial Court on 25-11-1961. The appeal against the judgment and decree was dismissed on 22-6-1962. The respondents then filed a revision petition. It was disposed of on the ground of abatement on 21-10-1967. About 5 years later, that is 31-7-1972, the petitioner moved an application before the trial Court for permission to deposit the purchase price. His application was dismissed on the ground of limitation. He filed a revision petition in the High Court but it was dismissed. He now seeks leave to appeal from this Court. 2. Leave to appeal is granted to consider the question whether execution of decree could be denied to the petitioner on the ground of limitation when the trial Court had not prescribed the period within which the judgment-debtor was required to fulfil the obligations created thereunder. Security for costs in the sum of Rs,5,000. The appeal may be made ready for hearing on the present record with a direction to the parties to file additional documents, if any, within two months. The direction with regard to maintenance of status qua already given by this Court to continue.