Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-------S. 22---Civil Procedure Code (V of 1908), O. XX, R. 14 & O.XLI, R.33---Deposit of pre-emption money---Time g-ranted by Trial Court--­Scope---Pre-emptor is bound to deposit pre-emption money within the stipulated. time granted by Trial Court in compliance with the provisions of O.XX, R.14, C.P.C.---Failure to make the payment within such time makes the suit liable to be dismissed. (b) Punjab Pre-emption Act (I of 1913)--- ----S. 22---Civil Procedure Code (V of 1908), OALI, R.33---Deposit of pre­emption money---Extension of time---Jurisdiction of Appellate Court---While dismissing appeal, the Appellate Court, under O.XLI, R.33, C.P.C. has discretion to grant reasonable time to pre-emptor for deposit of pre-emption money---Court; in exceptional case can refuse to exercise its discretion in favour of the pre-emptor ---Appellate Court can extend time for depositing of such money both during the pendency of appeal before it, as well as when appeal is dismissed--=Such power is subject to certain restrictions and discretion of the Appellate Court the same has to be exercised in each case according to its facts. Bhai Khan v. Allah Bakhsh 1986 SCMR 489; PLD 19$2 SC (AJ&K) 49; Manzoor Ahmad v. Rehmat Ali and 4 others 1999 MLD 135; Muhammad Arshad- v. Ch. Fazal Haq and 5 others 1991 SCMR 2149 and Muhammad Iqbal v. Anwaar and another 1997 MLD 631 ref. (c) Punjab Pre-emption Act (I of 1913)-------Ss. 21 & 22---Pre-emption suit---Disputed consideration---Trial Court decreed the suit and directed the pre-emptor' to deposit the pre-emption money as stated by the vendee ---Vendee did not file appeal against the and decree passed by the Trial Court whereas it was the pre-emptor who assailed the and decree before Appellate Court ---Pre-emptor deposited the pre-emption money which was admitted by him---Appellate Court dismissed the appeal for non-deposit of pre-emption money in stipulated time granted by the - Trial Court---Contention of the pre-emptor was that the Appellate Court could have extended the time for, deposit of the money---Validity---Where- there was a dispute about the actual price of the suit land and the same…

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