Law:

Section:

(a) Constitution of Pakistan (1973)------- Art. 185(3)-Punjab Pre-emption Act (I of 1913), S. 22-Civil Procedure Code (V of 1908), O. XX, r. 14-Leave to appeal granted to defendants-vendees to examine whether pre-emptor-decree-holder's first appeal pending in High Court against price of land could survive their non-compliance with terms of decree under appeal entailing dis­missal of their suit itself. (b) Punjab Pre-emption Act (I of 1913)---- -----S. 22-Civil Procedure Code (V of 1908), O. XX, r. 14-Successfuh pre-emptor can maintain his appeal to end without complying with composite and contingent decree of trial Court but does so at his extreme peril. Shah Wali v. Ghulam Din P L D 1966 S C 683 ref. (c) Civil Procedure Code (V of 1908)- ----O. XX, r. 14--Punjab Pre-emption Act (I of 1913), S. 22-Success­ful pre-emptor can file appeal without deposit being made in terms of decree appealed against but does so at his own peril-Plaintiff's applica­tion seeking interim suspension of decree under appeal-Appellate Court in refusing restoration of application whether exercises discretion on question of suspension of decree or on question of extension of time. The appellate Court in refusing restoration of the application did not exercise the discretion on the question of suspension of decree or on the question of extension of time. On the contrary, the Court in doing so applied the law on the sufficiency of the reasons given by the party for its failure to appear on a date fixed at a particular stage of the proceedings. It was an altogether different power. Besides, exercise of regulatory powers ad interim pending suit or appeal is directed at preserving, protecting and guarding and not exhausting the more extensive power of finally, effectively and more meaningfully deciding the suit or appeal itself. What is done provisionally, tentatively on first impression in exercise of a power incidental or ancillary to the power to decide the cause itself cannot determine or control the limits of the main power itself. In the present case the first appellate Court had passed the order that "Meanwhile four lacs will not be deposited by the appellant". While dis­missing in…

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