| Citation(s) |
|---|
| 1981 SLG 3183 = 1981 SLD 3183 = 1981 CLC 1689 |
Lahore High Court
Regular Second Appeal No. 910 of 1979, decided on 25th April, 1981.
Presented By: Muhammad Ilyas, J
Mst. Walayal Khatun v. Khalil Khan and another P L D 1979 S C 821 re1. Sh. Muhammad Naseem for Appellants. Allah Wasaya Malik for
Respondents.
Regular Second Appeal No. 910 of 1979, decided on 25th April, 1981.
Presented By: Muhammad Ilyas, J
Mst. Walayal Khatun v. Khalil Khan and another P L D 1979 S C 821 re1. Sh. Muhammad Naseem for Appellants. Allah Wasaya Malik for
Respondents.
Mirza GHULAM HUSSAIN-Appellant
VERSUS
MUHAMMAD BASHIR-Respondent
Law: Punjab Pre-emption Act (I of 1913)
Section: 22
Law: Court Fees Act (VII of 1870)
Section: 28
Law: Limitation Act (IX of 1908)
Section: 3
Law: Civil Procedure Code (V of 1908)
Section: 149
(a) Punjab Pre-emption Act (I of 1913) S. 22-Pre-emption-Zar-e-Panjum not deposited and court-fee not paid in time-Fraud alleged to have been played on appellant by his first counsel who allegedly kept with him Zar-e-Panjum given by appellant and applied for extension in time-No reason given for appellant's one year's silence qua said fraud-Held . Looking at all circumstances appellant a party to whatever counsel had done on his behalf-Petitioner cannot escape legal consequences of failure to deposit Zar-e-Panjum in time. (b) Punjab Pre-emption Act (I of 1913) S. 22-Pre-emption -Zar-e-Panjum---Plaintiff not depositing Zar-e-Panjum in time but making application for extension of time-Does so at his own risk-Plaintiff's application to allow exten sion of time to deposit Zar-e-Panjum not decided before time run out-Plaintiff, held, cannot escape legal consequences of uon-deposit of jar-e-Panjum on that score alone and plead…