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Suit for specific performance – Delay or laches – Any delay as a result of the Court process cannot be put against the plaintiff as a matter of law in decreeing specific performance – However, it is within the discretion of the Court, regard being had to the facts of each case, as to whether some additional amount ought or ought not to be paid by the plaintiff once a decree of specific performance is passed in its favour even at the appellate stage. (2020-4)200 PLR 757 (S.C.)(S.N.) = 2020 SCeJ 1982, referred.
(2021-2)202 PLR 214 (SC) = 2021 SCeJ 426
Suit for specific performance – Delay or laches – Cannot be dismissed on the sole ground of delay or laches – However, an exception to this rule is where an immovable property is to be sold within a certain period, time being of the essence, and it is not found that owing to some default on the part of the plaintiff, the sale could not take place within the stipulated time.
(2021-2)202 PLR 214 (SC) = 2021 SCeJ 426
Suit for Specific Performance – Agreement to Sell – Filed within limitation cannot be dismissed on the sole ground of delay or laches - However, an exception to this rule is where immovable property is to be sold within a certain period, time being of the essence, and it is found that owing to some default on the part of the plaintiff, the sale could not take place within the stipulated time - Once a suit for specific performance has been filed, any delay as a result of the court process cannot be put against the plaintiff as a matter of law in decreeing specific performance - However, it is within the discretion of the Court, regard being had to the facts of each case, as to whether some additional amount ought or ought not to be paid by the plaintiff once a decree of specific performance is passed in its favour, even at the appellate stage.
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