Law:

Section:

Constitution of Pakistan (1973)-----Art.185(3)--Civil Procedure Code (V of 1908), 5.115 & O.XXI r.54-­Executive of decree-Pre-emption suit- -Vendee/petitioners objecting to execution of decree on ground that since an additional sum i.e. costs of stamp papers, which was also to be paid by decree-holder, was not paid by him, his suit stood dismissed--Objection rejected by High Court--Case of petitioner was not that decree as finally drawn up, whose execution was sought, was in terms not satisfied but he contended that certain findings recorded in should have been incorporated in decree and even though not so incorporated they should be deemed to be incorporated and penal effect attached to non-compliance with them--Entitlement of petitioner to reimbursement of expenditure remaining in-tact but dismissal of suit was attached only to deposit or failure to deposit pre-emption money and costs of three Courts--Held, Order being a penal one, same had to be construed strictly and decree-holder having deposited pre-emption money and costs in entirety, petitioner could not insist on dismissal of suit for amount not so specified, included and linked. Q.M. Salim, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners. Rana Muhammad Sarwar, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Respondents. Date of hearing: 5th May, 1985. ORDER SHAFIUR RAHMAN, J.--The petitioner, a vendee-defendant in a suit for pre-emption objecting to the execution of the decree, seeks leave to appeal against the judgment of the Lahore High Court, dated 4-3-1985 whereby a revision petition filed by the decree-holder was allowed and the rejection of the objection of the petitioner to the execution of the decree was maintained. In the pre-emption suit filed by the respondent decree-holder, the following judgment was given by the Lahore High Court in a civil revision filed by the petitioner:-- "I modify the judgments and decrees of the Courts below and direct that if the respondent deposits Rs.53,000 in Court on or before 15th March, 1981, together with the costs decreed against him the petitioners shall deliver possession of the land in dispute…

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