| Citation(s) |
|---|
| 1986 SLG 809 1986 SLD 809 1986 SCMR 1269 |
Supreme Court of Pakistan
Civil Petition No. 421-R of 1985, decision dated: 14-12-1985. (On appeal from the judgment and order, dated 30-9-1985 passed by the Lahore High Court, Rawalpindi Bench, in W.P. No. 245 of 1985).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
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Civil Petition No. 421-R of 1985, decision dated: 14-12-1985. (On appeal from the judgment and order, dated 30-9-1985 passed by the Lahore High Court, Rawalpindi Bench, in W.P. No. 245 of 1985).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
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DALI and others
VS
THE MEMBER, BOARD OF REVENUE (REVENUE) PUNJAB, LAHORE and others
Law:
Section:
Constitution of Pakistan (1973)----Art. 185(3)--Punjab Pre-emption Act (I of 1913), S. 21--Civil Procedure Code (V of 1908), S. 148--Suit for pre-emption decreed-Purchase price ordered to be deposited within 45 days (before 10-2-1984)--10th February being close holiday, amount deposited on i1-2-1984--Trial Court declined to extend time as prescribed date clearly stipulated as "before 10-2-1984"--Order upheld up to High Court--Supreme Court, held, that words "before 10-2-1984" were inconsistent with earlier order i.e. "within 45 days" which included 10th February and that day being close holiday, petitioner could get benefit of it by depositing amount on next working day--However, suit having been dismissed by subsequent order which attained finality, success of petition, further held, would be futile--Leave to appeal refused. Mian Inamul Haq, Advocate Supreme Court and Ch. Ghulam Dastgir, Advocate-on-Record for Petitioners. Ch. Akhtar Ali, Advocate-on-Record for Respondent No. 2. Date of hearing: 14th December, 1985. ORDER MUHAMMAD HALEEM, C.J.--The petitioners, who are tenants, succeeded in a suit filed for pre-empting the possession of 85 Kanals and 3 Marlas of land in village Thatti Seyedan, Tehsil Pindigheb, District Attock. The decree, however, provided for the payment of purchase price as under:-- "Within 45 days" (before 10-2-1984) They however, deposited the purchase price on 11th of February, 1984, as 10th of February, being a Friday, was a close holiday. Thereafter on 20th of May, 1984, they moved an application before the trial Court in which it was prayed that the last date be read as under:- "Before 10th of February, 1984" be corrected to read "11th February, 1984"; As the last day of limitation expired on 10th of February, 1984, which was a Friday, the trial Court declined to accede to this…
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