Table of Contents
- Introduction
- What Was the Case About?
- Why Did the Court Dismiss Part of the Suit?
- What Is Order XVII, Rule 3 of Civil Procedure Code?
- What Did the Court Decide About the Money?
- What the Supreme Court Has Said
- Final Judgment
- About Advocate Muhammad Amin
1. Introduction
This case is about a land deal that didn’t go as planned.
One party asked the court to make the other follow the agreement.
The court had to decide whether to dismiss the whole case or give some relief.
2. What Was the Case About?
The person named Ghazanfarullah filed a case.
He wanted the court to force the seller, Attaullah, to transfer the land.
He also asked for ownership rights and to cancel another sale deed.
Also, he had a backup request. If the land was not given, he wanted his Rs. 10 million back.
Attaullah denied everything and filed a reply.
3. Why Did the Court Dismiss Part of the Suit?
The court told Ghazanfarullah to pay the remaining amount of the deal.
He didn’t pay within the time given.
Because of this, the court dismissed the request to force the sale.
However, the court allowed the backup request for refund of money to continue.
4. What Is Order XVII, Rule 3 of Civil Procedure Code?
This rule allows the court to continue a case even if one side doesn’t follow orders.
The court doesn’t have to dismiss the full case right away.
It can still decide what to do with the rest of the claims.
The word “forthwith” means quickly, but not “immediately” or “on the spot.”
5. What Did the Court Decide About the Money?
The court looked at the facts and past cases.
It found that Ghazanfarullah had paid Rs. 10 million.
Even if the sale couldn’t happen, it would be unfair to keep his money.
So, the court ordered Attaullah to return Rs. 10 million.
This was fair and based on equity (justice).
6. What the Supreme Court Has Said
The court referred to three Supreme Court cases:
- 2008 SCMR 942
- 2021 SCMR 1270
- 2022 SCMR 1793
These cases explained that courts can give decisions based on fairness.
Even if one part of a case fails, the court can allow the rest to continue.
7. Final Judgment
The High Court agreed with the lower courts.
It said the trial court was right to keep the money claim alive.
There was no legal mistake.
The civil revision was dismissed.
Both sides will pay their own costs.
8. About Advocate Muhammad Amin
Advocate Muhammad Amin is a trusted and experienced lawyer.
He has been practicing law for more than 7 years.
Moreover, He deals with civil, criminal, and family cases.
Clients like him for his honesty and quick response.
His office is located in Peshawar.
You can visit him at:
Office No. 14, Zeb Plaza, University Road, Tehkal Payan
He also provides online legal services.
You can contact him at: 0313-9708019