Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 24,25

Law: Civil Procedure Code (V of 1908)

Section: S.148,115,O.XX,R.14

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss.24 & 25---Initial payment of 1/3rd of Pre-emption money and deposit of balance amount at the conclusion of trial---Provisions of Ss.24 & 25 of Khyber Pakhtunkhwa Pre-emption Act, 1987---Nature--- Provision of S.24 being mandatory, while that of S.25 was directory in nature---Principles. So far as the initial payment of 1/3rd of pre-emption money is concerned, the legislature has provided a penalty for its failure, which results in dismissal of the suit as provided in subsection (2) of section 24 of the Act. Thus the provisions of section 24 would be regarded as 'mandatory'. On the other hand, section 25 relating to the time period fixed for payment of balance amount of the pre-emption money at the conclusion of the trial, does not provide any penalty for its failure. Hence, the same is to be considered as 'directory' and not 'mandatory'. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 25---Civil Procedure Code (V of 1908), S. 148 & O. XX, R. 14---Decree in pre-emption suit directing plaintiff to deposit balance decretal amount within 30 days---Decree upheld by Appellate Court giving 30 days time to plaintiff to deposit such amount, failing which suit would be deemed as dismissed---Plaintiff's application seeking extension of time to deposit such amount---Order of Appellate Court allowing 15 days time for depositing such amount---Defendant's plea was that after having decided appeal, Appellate Court had become functus officio and could not extend such period for second time---Validity---Appellate Court could extend period fixed by Trial Court for depositing such amount, but not after once having decided appeal and become "functus officio", except when its jurisdiction was invoked in review or to correct any clerical or arithmetical error in its decision---When there was no period fixed in relevant statute itself, only then benefit of provision of S. 148, C.P.C. could be availed, but not otherwise---Plaintiff had failed to deposit such amount within 30 days allowed by Appellate Court---High Court set aside s/decrees of courts below and dismissed suit in circumstances. Muzaffar…

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