Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----O. XX, R. 14--Suit for Pre-emption--Quatum of sale consideration--Extension of time--Decree holder did not deposit the sale consideration--Pre-emption money had not been deposited within reasonable time--Explicit self operative default--Decreed amount to be not paid to respondent--Connotations--Firstly, direction of trial Court for depositing of decretal amount was not stayed--Secondly, out of the decretal amount if so deposited, a sum was not to be paid to the debtor--Decree holder did not deposit the amount in terms of the decree--During intervention period of 10 years, no effort was made by decree holder or to seek extension of time from Appellate Court. Judgment Tassaduq Hussain Jillani, J.--This appeal by leave of the Court is directed against the judgment dated 1.01.2002 vide which the civil revision of the respondent-plaintiffs was allowed, the period for deposit of pre-emption money was extended and suit was decreed. 2. Facts in brief are that respondent-plaintiffs suit for pre-emption qua the land subject-matter of this appeal was decreed by the trial Court on 22.07.1984 subject to deposit of Rs. 84,800/- by or before 17.09.1984 after deducting Zar-i-Panjum, if any. The said judgment and decree was challenged in appeal by the respondent-plaintiff insofar as the quantum of sale consideration was concerned. The precise contention of respondent-plaintiff was that the sale consideration was Rs. 55,000/- and not as claimed by the defendant. While admitting the appeal, the Appellate Court did not suspend the operation of the judgment and decree but directed that the decretal amount to the extent of Rs. 25,000/- shall not be paid to the vendor. The decree holder instead of depositing the entire amount in terms of the decree deposited only a sum of Rs. 55,000/- as sale consideration. Not only the appeal was dismissed but even the suit met the same fate for non-deposit of the pre-emption money within the time allowed by the trial Court. This was vide judgment and decree of the learned District Judge dated 26.06.1994. This was challenged before the High Court by way of a civil revision which has been allowed vide the…

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