| Citation(s) |
|---|
| 1986 SLG 1091 1986 SLD 1091 1986 PLD 150 |
Supreme Court of Pakistan
Civil Appeal No. 14-P of 1982, decision dated: 15-12-1985. (On appeal from the judgment of Peshawar High Court, D. I. Khan Bench, dated 8-10-1979 passed in Civil Revision No. 48 of 1978).
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND MIAN BURHANUDDIN KHAN, JJ
Abdul Samad Khan, Advocate-on-Record for Appellants. Khan Bahadur Khan. Advocate Supreme Court and Jan Muhammad Khan, Advocate-on-Record No. 1.
Civil Appeal No. 14-P of 1982, decision dated: 15-12-1985. (On appeal from the judgment of Peshawar High Court, D. I. Khan Bench, dated 8-10-1979 passed in Civil Revision No. 48 of 1978).
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND MIAN BURHANUDDIN KHAN, JJ
Abdul Samad Khan, Advocate-on-Record for Appellants. Khan Bahadur Khan. Advocate Supreme Court and Jan Muhammad Khan, Advocate-on-Record No. 1.
KHAN BAHADUR AND others
VS
Mst. SALIMA AND OTHERS
Law:
Section:
(a) North-West Frontier Province Pre-emption Act (XIV of 1950)---- S. 23(1) -Pre-emption suit-Time for payment of pre-emption amount should be reasonable. (b) Constitution of Pakistan, 1973)- -- Art. 185(3)-North-West Frontier Province Pre-emption Act (XIV of 1950),- S. 23(1)-Pre-emption suit-Time for deposit of preemption money -Extension-Discretion of Court-Leave to appeal granted to examine argument that trial Judge in lawful exercise of his discretionary jurisdiction under S. 23 had fixed particular time for deposit of pre-emption money and dismissed suit for noncompliance of that order in absence of any valid excuse of plaintiff for not having deposited pre-emption money in time, and interference by first appellate Court was neither justified in law nor on facts of case. (c) North-West Frontier Province Pre-emption Act (XIV of 1950)-- -- S. 23-Pre-emption suit-Time for deposit of pre-emption money-Extension-Discretion of Court-Discretion to be exercised to meet ends of justice and there is no impediment of law or propriety in this behalf. Niaz Muhammad Khan v. Mian Fazal Raqib P L D 1974 S C 134 distinguished. Muhammad Shabbir and others v. Bashir Ahmad 1974 S C M R 24 ref. (d) North-West Frontier Province Pre-emption Act (XIV of 1950)- ---S. 23-Pre-emption suit -Time for deposit of pre-emption money-Extension Discretion of Court-No procedural impediment should be considered as insurmountable unless it was laid down by law as an impediment-Where discretion was not controlled by any prescribed procedure nothing could be imported so as to stiffle a discretionary relief. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-This appeal through leave of this Court is directed against judgment, dated 8-10-1979 of the Peshawar High Court ; whereby a Civil Revision filed by the appellant arising out of pre-emption suit filed by the respondent, was dismissed. Respondent filed the suit for pre-emption on 21-7-1975. It was adjourned to 25th of September, 1975 for the appearance of the opposite party. Section 23, subsection (1) of the N.-W. E. P. Pre-emption Act required that "in every suit for pre-emption the Court shall at any time before the settlement of issues require the…
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