Law: North West Frontier Province Preemption Act, (X of 1987)

Section: 24

  North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 24 [before its amendment by North-West Frontier Province  Pre-emption  (Amendment)  Act  (X  of 1992)]---Non-deposit of pre-emption amount in compliance of order of Trial Court---Trial Court extended time for deposit of pre-emption amount---Appellate Court set aside order of extension and dismissed pre-emption suit for failure to comply with order of deposit of Trial Court--Validity---Suit for pre-emption had been filed by plaintiff before the amendment of S.24, North-West Frontier Province Pre-emption Act, 1987, therefore, plaintiff's suit would be governed, by S.24 of the Act before its amendment by North-West Frontier Province Pre-emption (Amendment) Act, 1992, whereby in case of plaintiff's failure to make compliance of the order of Court for deposit of pre-emption money and furnishing of Bank guarantee in the manner as provided by provisions of S.24 of the Act, within stipulated period fixed by Court which could not be extended beyond 30 days of filing of suit, same had to be dismissed---Order of dismissal of pre-emption suit as passed by Appellate Court was affirmed in circumstances. North-West Frontier Province Pre-emption Act (X of 1987)--- ----S.  24---Civil  Procedure  Code  (V  of  1908), S.115---Plaintiff was not entitled to file another suit within one year period, if Court had refused to extend time for deposit of pre-emption amount in earlier suit for non-deposit   of pre-emption amount would entail total dismissal of suit which had the effect of barring fresh suit. Haji Janat Gul v. Haji Faqir Muhammad Khan PLD 1993 SC 204 rel. Fazli Akbar for Petitioner. Alam Khan for Respondents. Date of hearing: 26th January, 1995. JUDGMENT I propose to decide Civil Revision Petitions Nos.201, 202, 203, 255, 256 and 257 of 1991 by this single judgment recorded in Petition No.201 the law point involved in all these cases being the same. It so happened that petitioner Nardullah Khan lodged a pre-emption suit in respect of certain agricultural land on 21-7-1990 before the Civil Court at Mardan. On 26-7-1990 the Court…