| Citation(s) |
|---|
| 2014 SLG 814 2014 SLD 814 2014 MLD 1751 |
Lahore High Court
Civil Revision No. 217 of 2011, decided on 09-04-2014.
CH. MUHAMMAD MASOOD, JAHANGIR, JUSTICE
Shahid Mehmood Khilji for Petitioner.
Civil Revision No. 217 of 2011, decided on 09-04-2014.
CH. MUHAMMAD MASOOD, JAHANGIR, JUSTICE
Shahid Mehmood Khilji for Petitioner.
MALIK DILAWAR KHAN
VS
BAKHTIAR AHMED AND OTHERS
Law:
Section:
Punjab Pre-emption Act (IX of 1991)--- ----S. 24---Deposit of Zar-e-Soam---Scope---Plaintiff did not deposit the amount of Zar-e-Soam in compliance with order of Trial Court and his suit was dismissed---Contention of plaintiff was that Trial Court only directed to submit index of net profit to determine Zar-e-Soam and no order was passed for the deposit of the same---Validity---Presumption of truth was attached to the judicial proceedings and strong and unimpeachable evidence was required to rebut such presumption---Pre-emptor was bound to deposit Zar-e-Soam within a maximum period of 30 days which was mandatory in nature---Ignorance of law could not be an excuse for the failure to act and save its consequences---Plaintiff failed to deposit Zar-e-Soam due to his own act and his suit had rightly been dismissed---Judgments and decrees passed by both the courts below were in accordance with law---No good reason or ground had been put forth with regard to failure on the part of plaintiff to deposit Zar-e-Soam within the stipulated period---Revision was dismissed in circumstances. Muhammad Ramzan v. Lahore Development Authrity, Lahore 2002 SCMR 1336 and Fayyaz Hussain v. Akbar Hussain and others 2004 SCMR 964 rel. THIS ORDER PASSED BY: CH. MUHAMMAD MASOOD JAHANGIR, J.--- The petitioner/plaintiff filed a suit for pre-emption before the learned trial Court on 31-7-2010 and on the same day, the learned trial Court directed the petitioner/plaintiff to deposit the Zar-e-Soam within a period of 30 days. The said order in verbatim is reproduced hereunder for ready reference:-- On the next date of hearing, the learned trial Court after observing that the petitioner/plaintiff did not deposit the amount of Zar-e-Soam in compliance with order dated 31-7-2010, dismissed the suit of the petitioner/plaintiff vide order dated 15-9-2010. The petitioner/plaintiff filed an appeal before the learned lower appellate Court while assailing the order dated 15-9-2010 passed by the learned trial Court which has also been dismissed by the learned Addl. District Judge vide judgment and decree dated 13-11-2010, hence, the instant civil revision has been filed by the petitioner/plaintiff. 2.…
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