Law: Punjab Pre-emption Act, 1991

Section: 24(2)

Law: Punjab Pre-emption Act, 1991

Section: 24(2)

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Pre-emption Act (IX of 1991)-------S. 24---Constitution of Pakistan, Art.199---Constitutional petition--Pre-emption suit---Zar-e-Soam, deposit of---Deposit of Rs.1,60,000 by pre-emptor as zar-e-soam in pursuance of order of Trial Court whereas sale price of suit land mentioned in document was Rs. 6, 00, 000---Vendee's application that pre-emptor had not deposited Rs. 2, 00, 000 as zar-e-soam, thus, his plaint was liable to be rejected---Trial Court dismissed such application, while Revisional Court directed pre-emptor to deposit remaining amount of Rs.40, 000---Validity---Vendee had not challenged order of Trial Court regarding determination of zar-e-soam, thus, pre-emptor could not be blamed for its act---Party having complied with order of court regarding deposit of zar-e-soam could not be knocked out-in view of bar contained in S.24(2) of Punjab Pre-emption Act, 1991---Higher forum could direct deposit of more money, if that fixed by Trial Court was found to be not in accord with material on record---Courts below had rightly declined to reject plaint---High Court dismissed constitutional petition in limine. Rana Muhammad Boota and another v. Muhammad Amir 2010 YLR 1073 and Mst. Parveen Akhtar and another v. Muhammad Sattar PLD 2006 Lah. 410 ref. Muhammad Din and others v. Jamal Din and others 2007 SCMR 1091; Tariq Mehmood Anjum v. Allah Dina 2008 CLC 479 and Mst. Nusrat Bibi v. Ghulam Ahmed 2012 YLR 41 rel. Muhammad Afzal Ch. for Petitioner. ORDER SHUJAAT ALI KHAN, J.--- By means of this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for setting aside of order dated 20-10-2010 passed by the learned Civil Judge, Bahawalpur (respondent No.2), whereby the application filed by the petitioner for rejection of plaint under Order VII, rule 11, C.P.C. was dismissed as well as order dated 24-5-2012 passed by the learned Additional. District Judge, Bahawalpur (respondent No.1) by virtue of which he dismissed the revision petition filed by the petitioner against the dismissal of his application for rejection of plaint under Order VII, rule 11, C.P.C. 2. Shorn of unnecessary details, the facts,…

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