Law: Punjab Pre-emption Act, 1913

Section: 4

(a) Punjab Pre-emption Act (I of 1913)--- ----S. 4---Suit for possession through pre-emption---Permission to produce additional evidence subject to payment of cost---Non-payment of cost---Disposal of suit pending miscellaneous application---Effect---Pre-emptors were allowed to produce additional evidence subject to payment of cost but same was not paid---Suit was decreed pending miscellaneous application---Validity---Failure to pay cost was a fault but it was not of such a magnitude that could be made basis for disarming a party from a right which had accrued through a valid order---Non-payment of cost could not be made basis for perpetuating a wrong or injustice which was otherwise apparent on the record and that too without affording the litigant an opportunity to do the needful---Non-payment of cost was neither intentional nor wilful in the present case---Cost could not be deposited due to some oversight at the time of tendering of additional evidence without any objection from the defendants---Non-decision of an application while disposing of a suit did not affect its merits---No substantial error or procedural defect had been pointed out in the impugned s and decrees passed by the Courts below---Findings recorded by the Courts below were neither perverse nor arbitrary---Plaintiffs were directed to deposit cost within fortnight accordingly---Second appeal was dismissed in circumstances. Shah Nawaz and another v. Nawab Khan PLD 1976 SC 767 distinguished. Mubarak Ahmad and others v. Hassan Muhammad 2001 SCMR 1868; Assistant Commissioner and Land Acquisition Collector, Badin v. Haji Abdul Shakoor and others 1997 SCMR 919; Riffat Iqbal v. Mst. Fatima Bibi and others 2007 SCMR 494; Umar Baz Khan (deceased) through L.Rs. v. Syed Jehanzeb and others PLD 2013 SC 268; Peer Bakhsh and others v. Nabi Bakiish and others 2002 YLR 1630 and Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Scope. Bashir Ahmed v. Mst. Taja Begum and others PLD 2010 SC 906 and Muhammad Feroze and others v. Muhammad Jamaat Ali 2006 SCMR 1304 rel. (c) Administration of justice--- ----No one…

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