*MAIN GROUNDS FOR DISMISSAL OF A SUIT FOR Specific Performance Act
1. Handwriting expert reported that signature are forged.
*(2012 CLC 1699)*
2. Two attested witnesses were not produced.
*(2006 CLC 571)*
3. Agreement was written by unlicensed person.
*(2006 CLC 571)*
4. Stamp paper was not issued by stamp vendor .
*(2012 MLD 535)*
5. Dates of purchasing stamp paper and endorsement were different.
*(2011 YLR 404)*
6. Purchaser of stamp paper was not produced as witness. *(2011 MLD 404)*
7. Stamp paper was issued on one date in favour of an unknown person and was executed on another date.
*(PLD 2008 Queta 01)*
8. Payment of whole consideration was paid before execution.
*(2006 YLR 2446)*
9. Scribe was not a registered Waseeqa Navees.
*(2006 CLC 1444)*
10. Register of scribe belongs to another person wherein various pages and serial number were missing.
*(2006 CLC 1444)*
11. Contradiction as to venue where bargain took place.
*(2006 CLC 1444)*
12. Contradiction as to person who obtained stamp paper. *(2006 CLC 1444)*
13. Plaintiff failed to produce bank record as to payment of half money.
*2006 MLD 886*
14. Date, Time, Month and Place of transaction was not given in pleading or evidence. *(2005 YLR 2655)*
15. Number of N.I.C was different from number on agreement.
*(2002 CLC 942)*
16. Land was situated at a place whereas stamp paper was purchased from another place.
*(2002 CLC 942)*
17. Neither vendor of stamp paper nor scribe was produced.
*(2001 YLR 2145)*
18. Agreement was scribed on plain paper and was written by unlicensed petition-writer whereas both were available as nearby place.
*( 1996 MLD 562)*
19. Stamp paper was purchased on one date and executed after one week, stamp paper neither showed name of stamp vendor nor the place from where it was purchased. *(1992 CLC 2193)*
20. Failure to deposit balance amount.
*(PLD 2002 Lah 88, 2012 CLC 1392)*
21. Two marginal witnesses were not produced.
*(2013 YLR 903, 2009 SCMR 740)*
22. Payment of consideration not proved.
*(2006 YLR 1039)*
23. Document was not put before witness.
*(2006 MLD 1622)*
24. One witness was not produced without any reason/ explanation.
*(2006 MLD 1622)*
25. Scribe admitted that alleged promisor was not present at the time of execution neither he signed before him.
*(2006 MLD 1622)*
26. Claim of plaintiff valuing 25 lac was based on a document which was not registered.
*(2011 CLC 309)*
27. Agreement was signed twice.
*(2011 CLC 309)*
28. Original agreement to sell not produced…loss of agreement not pleaded….no attempt was made to produce secondary evidence…plaintiff was not confronted with…Executant/defendant was not identified by anyone.
*(2005 YLR 463)*
29. National Identity Card number was not written.
*(2005 YLR 3163)*
30. Lost of original document not proved.
*(1995 SCMR 1237)*
31. It is doubtful that plaintiff paid whole consideration but did not insist for registered sale deed in his favour.
*(2006 YLR 2779)*
1. Handwriting expert reported that signature are forged.
*(2012 CLC 1699)*
2. Two attested witnesses were not produced.
*(2006 CLC 571)*
3. Agreement was written by unlicensed person.
*(2006 CLC 571)*
4. Stamp paper was not issued by stamp vendor .
*(2012 MLD 535)*
5. Dates of purchasing stamp paper and endorsement were different.
*(2011 YLR 404)*
6. Purchaser of stamp paper was not produced as witness. *(2011 MLD 404)*
7. Stamp paper was issued on one date in favour of an unknown person and was executed on another date.
*(PLD 2008 Queta 01)*
8. Payment of whole consideration was paid before execution.
*(2006 YLR 2446)*
9. Scribe was not a registered Waseeqa Navees.
*(2006 CLC 1444)*
10. Register of scribe belongs to another person wherein various pages and serial number were missing.
*(2006 CLC 1444)*
11. Contradiction as to venue where bargain took place.
*(2006 CLC 1444)*
12. Contradiction as to person who obtained stamp paper. *(2006 CLC 1444)*
13. Plaintiff failed to produce bank record as to payment of half money.
*2006 MLD 886*
14. Date, Time, Month and Place of transaction was not given in pleading or evidence. *(2005 YLR 2655)*
15. Number of N.I.C was different from number on agreement.
*(2002 CLC 942)*
16. Land was situated at a place whereas stamp paper was purchased from another place.
*(2002 CLC 942)*
17. Neither vendor of stamp paper nor scribe was produced.
*(2001 YLR 2145)*
18. Agreement was scribed on plain paper and was written by unlicensed petition-writer whereas both were available as nearby place.
*( 1996 MLD 562)*
19. Stamp paper was purchased on one date and executed after one week, stamp paper neither showed name of stamp vendor nor the place from where it was purchased. *(1992 CLC 2193)*
20. Failure to deposit balance amount.
*(PLD 2002 Lah 88, 2012 CLC 1392)*
21. Two marginal witnesses were not produced.
*(2013 YLR 903, 2009 SCMR 740)*
22. Payment of consideration not proved.
*(2006 YLR 1039)*
23. Document was not put before witness.
*(2006 MLD 1622)*
24. One witness was not produced without any reason/ explanation.
*(2006 MLD 1622)*
25. Scribe admitted that alleged promisor was not present at the time of execution neither he signed before him.
*(2006 MLD 1622)*
26. Claim of plaintiff valuing 25 lac was based on a document which was not registered.
*(2011 CLC 309)*
27. Agreement was signed twice.
*(2011 CLC 309)*
28. Original agreement to sell not produced…loss of agreement not pleaded….no attempt was made to produce secondary evidence…plaintiff was not confronted with…Executant/defendant was not identified by anyone.
*(2005 YLR 463)*
29. National Identity Card number was not written.
*(2005 YLR 3163)*
30. Lost of original document not proved.
*(1995 SCMR 1237)*
31. It is doubtful that plaintiff paid whole consideration but did not insist for registered sale deed in his favour.
*(2006 YLR 2779)*
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You have been generous and gracious always. Thank you for being so supportive.