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1989 SCMR 1404

GHULAM AHMAD vs SHEIKH and 5 others

Citation1989 SCMR 1404
CourtSupreme Court of Pakistan
Case No.Civil Petition No,178 of 1984
Date1988-09-03
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave granted

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.

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