Case Details

Citation(s)
1988 SLG 2690 1988 SLD 2690 1988 SCMR 1578
Supreme Court of Pakistan
Civil Petition No. 340 of 19$1, decided on 5th June, 1988. (From the judgment Dated 21-2-81 of the Lahore High Court, Lahore passed in C.R. No. 1595/D/80). Date of hearing: 5th June, 1988.
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD JAN, JJ

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MUHAMMAD SIDDIQUE and others—ers

VS

NABI BAKHSH and 2 others--Respondents

Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Punjab Pre-emption Act, 1913

Section: 4,15

(a) Civil Procedure Code (V of 1908)--   ---O.VII, R.11--Punjab Pre-emption Act (I of 1913), Ss.4 15-­Court-fee-- Deficiency--Contention that since pre-emptors did not pay proper court-fee within period prescribed for filing suit same was barred by time, answered by decision of Supreme Court reported as P L D 1984 S C 289, which was against petitioners--Leave to appeal refused.   Siddique Khan v . Abdul Shakur Khan P L D 1984 S C 289 rel.   (b) Punjab Pre-emption Act (I of 1913)--   ---Ss.4 15--Pre-emption--Waiver--Contention that pre-emptors had waived their right of pre-emption not accepted by High Court which set aside finding of First Appellate Court and restored that of Trial Court--Finding of High Court not suffering from any infirmity--Leave to appeal refused.   ORDER SAAD SAOOD JAN, J.--In this petition for special leave to appeal which arises out of a pre-emption suit, the vendees are before us. On their behalf, two contentions have been raised. The first…
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