Law: Punjab Pre-emption Act, 1991

Section: 24(2)

Punjab Pre-emption Act (IX of 1991)--- ----S. 24(2)---Suit for pre-emption by shafi-e-sharik---Zar-e-soim to be deposited within 30 days---Direction of Court’s application that suit was liable to be dismissed as zar-e-soim had not been deposited within time (30 days from filing of suit) was concurrently dismissed---Held, that provision of S.24 of Punjab Pre-emption Act, 1991, were mandated to verify bona fide of the pre-emptor and for the same reason consequential penalty in event of violation of the order was provided---Section 24, Punjab Pre-emption Act, 1991 pre-required a direction for deposit of the amount of zar-e-soim with a view to attract the consequential penalty and party could not suffer on account of any omission on part of the court to give such direction---Suit was filed during summer vacations but no order was made for deposit Zar-e-soim on resumption of courts work after summer vacations pre-emptor was directed to deposit zar-e-soim within 30 days and to affix the court-fee and case was adjourned/ pre-emptor without wasting time promptly deposited within 4 days of said order and filed paid challan on date fixed---Such dispatch of respondent was consistent with the spirit of promptitude and constituted reasonable and prudent approach that did not attract attribution of delay---Court’s omission could prejudice no one in peculiar situation---Constitutional petition was dismissed accordingly. JUDGMENT RASAAL HASAN SYED, JUSTICE:---.--- Through the instant Constitutional petition orders dated 06.3.2018 and 06.8.2019 of the learned courts below have been called into question. 2. Respondent No.3 Muhammad Aslam instituted a suit to pre-empt the sale of suit property measuring 16 marlas on the basis of being shafi-e-sharik alleging therein that the sale thereof vide sale deed bearing document No.4431 dated 11.4.2016 was made collusively and secretly and that he came to know of the same on 23.7.2016 at 9:30 a.m. near Pak Land Model School near Police Station Cantt., Gujranwala when he was accompanied by Ehsan Ullah son of Muhammad Aslam, his real son; Nasrullah Cheema, Advocate; and Muhammad Afzaal son of Muhammad Tufail on the information received from…

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