| Citation(s) |
|---|
| 1949 SLG 29 1949 SLD 29 1949 PLD 380 |
Lahore High Court
Regular First Appeal No. 27 of 1946 decided on 17th February 1948, from the order of Sub-Judge, Sheikhupura, dated 16th February 1945
SIR ABDUL RASHID, C.J., AND CORNELIUS, J
Muhammad Amin and Abdul Aziz for Appellants.Nemo for
Respondents
Regular First Appeal No. 27 of 1946 decided on 17th February 1948, from the order of Sub-Judge, Sheikhupura, dated 16th February 1945
SIR ABDUL RASHID, C.J., AND CORNELIUS, J
Muhammad Amin and Abdul Aziz for Appellants.Nemo for
Respondents
SAEED AHMAD and others
VS
KARAM SINGH and another --Plaintiff
Law: Civil Procedure Code (V of 1908)
Section: 198,149
(a) Civil Procedure Code (V of 1908)----- ----S. 198-Suit filed on last day of limitation with insufficient Court-fee-Though ground for failure to pay full Court-fee was most flimsy, the Court granted time at two occasions-Such orders of Court were plainly unjust. Under section 148, Civil Procedure Code, the Court undou11tedly had discretion to enlarge time for the doing of any act allowed by the Code, even after expiry of the period originally fixed for the purpose, but it could not be said that where tile plaintiff had plainly been so very negligent, and had, moreover completely failed to provide any excuse for his default that discretion had been properly exercised. (b) Civil Procedure Code (V of 1908)------ -----S. 149-Provisions of Preemption Act be construed and applied strictly and the discretion be exercised with the greatest care. The civil law leans always in favour of freedom of contract, and security of title. The statutory law of pre-emption constituted a drawback on both these principles, and its provisions must, therefore, be construed and applied strictly against the claims of pre-emptors. The discretionary power given to the trial Court by section 149 Civil Procedure Code, as it fell to be exercised in the circumstances of the present case was in effect a power to extend limitation. It must be held that, specially where the suit is one for pre-emption, the discretion conferred by section 149, Civil Procedure Code, needs to be exercised with the greatest care, where extension of limitation is also involved. Any acts, mistaken or otherwise, of the litigant, or matters affecting his condition, e.g.. poverty or physical inability, can hardly be adduced as "sufficient cause", when account is taken, on the other hand, that by lapse of time, the vendee's title in the property has become secure from attack by a pre-emptor. (c) Civil Procedure Code (V of 1908)----- ------Review-Order under S. 149-Appellate Court can review an order of inferior Court. There can be no manner of doubt that an Appellate Court has power to review an order made by an inferior Court in the exercise of discretion under section 149, Civil Procedure Code. It is always open to a…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492