Few Grounds for Dismissal of a suit for Specific Performance

 Few Grounds for Dismissal of a suit for Specific Performance:

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 vanue 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 at 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)