Law:

Section:

(a) Civil Procedure Code (V of 1908) S. 148 Extension of time Compromise decree entered into bet¬ween parties fixing certain date for payment of pre emption money¬ Time fixed under compromise, held, could not be extended under S. 148 (b) Practice and procedure ---Natural justice, principles of Petitioner not closing his evidence yet trial Court dismissing application First appellate Court's criticism of trial Court's order as illegal Correct Appellate Court's observation "petitioner genuinely made efforts to deposit amount in terms of compromise decree" Petitioner having not closed his evidence and respondent also not having been given opportunity of rebutting evidence produced by petitioner, observation not called for Order of first appellate Court thus suffering from same fallacy as order of trial Court Appellate Court though stating in last para. of its order that case was being remanded to trial Court for purpose of deciding petitioner's application, yet such formal direction of remand of case an exercise in futility due to trial Court being bound by observations of appellate Court totally prejudging issue in favour of petitioner Order of first appellate Court, in circumstances, held, not maintainable. (c) Civil Procedure Code (V of 1908)--- ---S. 100 Second appeal Lower appellate Court entertaining appeal not lying to such Court Second appeal against decision of such Court, held, competent. Bahadur v. Mirza Abdul Qayyum and another P L D 1969 Lah. 636 approved. (d) Constitution of Pakistan (1973) -- ----Art. 185(3) Leavc to appeal to Supreme Court Petitioner con¬veniently vague about precise relief sought by him Petitioner's conten¬tions even if accepted as correct, petitioner's application in dispute, held, could not be allowed due to its being not to be disposed of without allowing both parties to produce evidence in support of their respective contentions and no opportunity having been given to respondent to' produce evidence case had to be remanded to trial Court. ORDER DORAB PATEL, J. On 16 8 1967 one Kamal Khan sold some agricultural land in Pishin District, to the respondent, therefore on 5 10 1967, the petitioner filed a suit in the Court of the…

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