Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.1,14,152_114,O.XLVII,R.1,148,151, 115

Law: North West Frontier Province Preemption Act, (X of 1987)

Section: 13

(a) Civil Procedure Code (V of 1908)--- ----O. XX, R. 1, Ss.152_114 & O.XLVII, R.1---Altering the --­Once the was signed, dated and pronounced, it would not afterwards be altered or added to save as provided by S.152, C.P.C. or a review---After signing and pronouncing the , the Court would be rendered functus officio---Only two exceptions to the rule were proceedings under S.114 read with O.XLVII and S.152, C.P.C. (b) Civil Procedure Code (V of 1908)- ----S. 148 & O.XX, R.14---North-West Frontier Province Pre-emption Act (X 'of 1987), S.13---Pre-emption suit---Extension of time for deposit of pre­emption price---Court which had passed a decree in pre-emption suit pursuant to the provision of O.XX, R.14, C.P.C. and fixed time for the deposit of the pre-emption price and the time so fixed expired, it had no power to extend the time as S.148, C.P.C. did not apply to cases where the final was pronounced as the Court would become functus officio and cease to have jurisdiction over the lis. (c) Civil Procedure Code (V of 1908)--- ----S. 148 & O.XX, R.3---Enlargement of time---Discretion of Court--­Words "from time to time" used in S.148, C.P.C. had suggested that a Court could extend time as long as it continued to have jurisdiction over the matter---Section 148; C.P.C. would only apply to acts preliminary to or during the course of trial i.e. prior to the final order---Extension "from time to time" could never be ordered in a finally decided matter as interference with a final or decree was strictly controlled by OAX, R.3, C.P.C. (d) Civil Procedure Code (V of 1908)--- ----S. 151 & O. XX, R: 14---North-West Frontier Province Pre-emption Act (X of 1987), S.13--Pre-emption suit---Extension of time for deposit of pre-emption price---Provision of S.151, C. P. C. could not be utilised for the extension of time in pre-emption case as non-payment of pre-emption price entailed the mandatory penal consequence of the dismissal of suit as envisaged by OAX, R.14, C.P.C.---Even the omission to mention the condition by the Trial Court that in case of non-payment of the pre-emption money within the specified time, the suit would stand dismissed, was not fatal.…

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