Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Punjab Pre-emotion Act (I of 1913), Ss. 4 & 15--Petition for leave to appeal--Petitioners appeal arising out of pre-emotion suit dismissed by High Court on ground that he had withdrawn pre-emotion money during pendency of appeal in High Court--Contention of petitioner that High Court had not given due effect to circumstances that petitioner had re-deposited amount with conditional permission of Court; that amount remained in Court for many years; that High Court did not decide case on its own merits and that in recent years it had been held that even in those cases where pre-emotion money had not been deposited at all before filing of appeal, it was within power of Appellate Court to grant reasonable time for deposit of pre-emotion money when dismissing appeal--Such questions and others raised in petition and not looked into by High Court requiring examination--Leave to appeal granted. Muhammad Ramzan v. Muhammad Khan and another 1972 SCMR 442 ref. Muhammad Rafiq Khan Chohan, Advocate with Sh. Masud Akhtar, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 9th March, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 7-7-1979 of the Lahore High Court; whereby a Regular Second Appeal filed by the petitioner-side which had arisen out of a pre-emption matter, was dismissed on the ground that the petitioner had withdrawn the pre-emption money during the pendency of the appeal in the High Court. 2. According to the very brief facts given by the learned counsel the petitioners had made an application for withdrawal of the pre-emption amount during the pendency of the appeal in the High Court. Without waiting for an order of permission for withdrawal the amount was withdrawn. But some years later as the appeal could not be disposed of for a long time the petitioners made another application seeking permission to re-deposit the amount. This permission was granted at their own risk and cost and the amount was re-deposited. Several years later the other side made an application stating that the first withdrawal was without specific leave of the Court,…

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