Law:

Section:

Civil Procedure Code (V of 1908)-----O. XX, R. 14--Constitution of Pakistan (1973),Art. 185(3)--Pre-emption decree granted in favour of petitioners on payment of specified amount, failing which suit was to stand dismissed-Petitioners filing appeal against sale price wherein Appellate Court extended time for deposit of sale price--Petitioner deposited sale price but withdrew appeal on learning that memorandum of appeal was deficiently stamped--Application for execution of decree by petitioners was dismissed on ground that sale price had not been deposited within specified date--Order of dismissal of execution application was upheld in appeal and again by High Court in revision--Leave to appeal granted to consider plea of petitioners that sale price having been deposited within period extended by District Judge, there was no non-compliance of the terms of decree, as such executing Court ought not to have declined execution of decree. ORDER SAAD SAOOD JAN, J.--The petitioners filed a suit for pre-emption. It was decreed on 21-10-1978 and they were directed to deposit the purchase money before 19-11-1978. In the event of their failure to make the deposit their suit was to stand dismissed. They preferred an appeal before the Additional District Judge challenging the amount which they had been called upon to deposit. On 18-11-1978 the Additional District Judge admitted the appeal to regular hearing and adjourned it to 17-12-1978. He also extended the time for the deposit of the purchase money till that date. On 17-12-1978 he again adjourned the hearing and further directed that the petitioners might not deposit the purchase money till further orders. Nevertheless, the petitioners…

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