Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)--General Clauses Act (X of 1897), S. 9--Civil Procedure Code (V of 1908), 0. XX, r. 14--Extension of time--Failure in depositing amount within time allowed by Court--Last day being closed holiday-­Prayer for extension of time for making deposit refused on ground that Court had become functus officio after passing decree--Order maintained--Held: Benefit of S. 9 of General Clauses Act could be claimed or extended only if petitioner had made a prayer not for extending time for deposit but for depositing amount or had deposited amount on day of opening of Court--Not being a fit case for grant of leave, petition dismissed. Shah Wall v. Ghulam Din alias Gaman and another P L D 1966 SC 983 rel. ORDER SHAFIUR RAHMAN, J. --The petitioner, a plaintiff in a pre-emption suit seeks leave to appeal against the judgment of the Lahore High Court dated 4-3-1979 whereby a first appeal filed by him, was dismissed. The petitioner was initially successful in the civil Court in obtaining a decree of possession in following terms:-- "It is ordered that the suit of the plaintiff succeeds and the same is decreed in his favour and against the defendants vendees in the sale price of Rs.1,04,000. The plaintiff has already deposited Rs.20,800 as Zare-Panjum. He shall deposit the balance amount of sale price of Rs.83,200 upto 5-2-1977 failing which his suit shall stand dismissed. As the plaintiff did not offer the total sale price to the defendants vendees he is not held entitled to any costs of the suit." It appears that the 5th of February, 1977 was declared a holiday. 6th was…

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