Law:

Section: 12 , 4

  North-West Frontier Province Pre-emption Act (XIV of 1950)-- ---S. 12---Limitation Act (IX of 1908), S.4--Civil Procedure Code (V of 1908), O.XX, R.14--Pre-emption decree--Pre-emption amount was to be; deposited by a specified date, which date fell on closed holiday--Pre-emptor, on re-opening of Court, made application for deposit of pre-emption amount and deposited the same on the next day---Legality---Provisions of OXX, R.14, C.P.C. make it obligatory on pre-emptor to pay into the Court the purchase money remaining unpaid, according to directions contained in the decree---Where date specified in the order fell on holiday, pre-emptor could make the payment in Court on re opening of Court--Pre-emptor, on re-opening of Court, made application for deposit of pre-emption amount which was resisted by vendee who made application for dismissal of suit due to failure of pre-emptor to deposit the amount on specified date---All that the pre-emptor was required to do under the decree was to make payment into the Court which he did and subsequent proceedings regarding the deposit of the amount in Treasury/Bank being conducted by him were in aid of the Court and was not his individual responsibility under the decree--Non-deposit of amount on that very day was not the result of any negligence on pre-emptor's part for which he could not be legally deprived of the fruit of valid decree passed in his favour--Direction contained in the decree for payment of balance of sale consideration had thus been duly complied with and there was an executable decree for possession through pre emption of the suit land in favour of pre-emptor which the Executing Court was bound to execute. Provincially Administered Tribal Areas Civil Procedure (Special Provisions) Regulation (II of 1975)-- ---Ss. 3, 4 & 5---Constitution of Pakistan (1973), Art. 199---Revisional order of Special Forum whereby pre-emptor's decree was deemed to be an executable decree was a perfect legal order, not suffering from any jurisdictional error, misreading or non-reading of evidence---Constitutional petition against legal and valid order of special forum was thus not maintainable. Abdul Latif…