Law: Limitation Act (IX of 1908)

Section: 4 , 10 , 115

Law: Civil Procedure Code (V of 1908)

Section:

  Limitation Art (IX of 1908)--- ----S. 4---General Clauses Act (X of 1897), S.10---Act which had to be done on a holiday, if done on following day would be quite within prescribed time limit-- Where period prescribed for performance of an act in a Court or office expired on holiday, that act would be considered within period if performed on following day on which office or Court re-opened. Civil Procedure Code (V of 1908)--- ----S.  115---Pre-emption  money,  deposit  of ---Revisional jurisdiction, exercise of-- Court directed pre-emptor to deposit pre-emption money within thirty days, but the thirtieth day happened to be holiday and pre-emptor deposited money on the day following holiday---Courts below thus rightly concurred that pre-emption money had been deposited by pre-emptor within time and such concurrent findings could not be interfered with in revisional jurisdiction of High Court. Khawaja Nawaz Khan for Petitioner. Hamesh Gul Khan for Respondent. Date of hearing: 7th October, 1989. JUDGMENT Through this civil revision petition petitioner Mst. Mumtaz Begum by invoking the revisional jurisdiction of this Court under section 115 C.P.C. seeks the setting aside of the judgments and decrees of the two Courts below.     Facts of the case in brief are that the petitioner Mst. Mumtaz Begum filed a suit in the Court of Civil Judge, Tank for declaration declaring her the owner of the land in suit by rendering the decree in pre-emption suit dated 27-7-1983 as ineffective on the grounds that the plaintiff-pre-emptor in that suit, who is respondent in this petition, had failed to deposit the pre-emption money within one month of the decree in that suit in compliance with the orgy: of the Court. In this connection it may pointed out that Abdul Wahid defendant-respondent had brought a suit for possession through pre-emption against the plaintiff-petitioner in the instant case in respect of the land detailed in the plaint which was decreed by the judgment and decree dated 27-7-1983 on payment of Rs.5,945.45 and the learned trial Court directed the deposit of the balance of the pre-emption amount i.e. Rs.3945.45 within one month fail…