Law: Civil Procedure Code (V of 1908)

Section: 115 , 22

Civil Procedure Code (V of 1908)-- ---S.115---Punjab Pre-emption Act (I of 1913), S22---If Zar-e-Panjam is with drawn by plaintiff after the disposal of appeal, he is neither estopped from filing revision against the judgments and decrees of the Courts below nor can be deprived of his right to pursue his revision petition nor the lis abates. Plaintiffs had deposited Zar-e-Panjum within time fixed by the trial Court. One-fifth of the probable value of the suit land remained deposited till the decision of the appeal. Zar-e-Panjum was withdrawn by the plaintiffs/petitioners after the dismissal of suit and appeal decided on the basis of the judgments of the Supreme Court on the point of Talabs as in Islam. Closer examination of the provisions of Section 22 of the Punjab Pre-emption Act, 1913 reveals that there was no legal bar for them to withdraw 1/5th after the decision of the suit by the trial Court or after the decision of the appeal. Furthermore, re-deposit of Zar-e- Panjum was/is not a pre-condition to the filing of revision petition against the judgment and decree of the appellate Court. The omission of word "revision" in clause (a), subsection (5) of section 22 of the Punjab Pre-emption Act, is of great significance. It is thus very much obvious that if Zar-e-Panjum is withdrawn by a plaintiff after the disposal of appeal, he is neither estopped from filing revision against the judgments and decrees of the Courts below, nor can be deprived of his right to pursue his revision petition nor the lis abates. The Supreme Court has granted review petition against its judgment on the point of Talabs as in Islam on the basis whereof the trial Court had dismissed the suit and the Appellate Court had dismissed the appeal of the plaintiffs/petitioners. That being the position, it cannot be said that the judgments of the Courts below do not suffer from illegality or material irregularity. The judgments and decrees of the Courts below were set aside and the case was sent back to the trial Court for further proceedings in accordance with law. In order to protect the vendees against frivolous proceedings, the trial Court was desired to pass fresh order under…