Law: Punjab Pre-emption Act, 1913

Section: 21

Law: Civil Procedure Code (V of 1908)

Section: 14(1)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Punjab Pre-emption Act (I of 1913)--   ---S.21--Civil Procedure Code (V of 1908), O.XX, R.14(1)-­Constitution of Pakistan (1973), Art. 185(3)--Pre-emption decree passed by Collector in favour of pre-emptor--Pre-emptor approached High Court with Constitutional petition with regard to the grant of time for making the deposit which was accepted with direction to the pre-emptor to approach the Collector- -Pre-emptor approached the Collector who accepted the amount and proceedings ended in accordance with the intention underlying O.XX, R.14(1), C.P.C.--Respondents, however, through a miscellaneous application in the already dispose of writ petition, succeeded in non-suiting the pre-emptor-- Contention of petitioner that the course adopted by the respondents and acceptance of their application /plea, by High Court was against law--Question raised being that of first impression leave to appeal was granted. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a pre-emptor against order dated 18-3-1984 of the Lahore High Court, whereby a Civil Miscellaneous Application (No:328 of 1984) filed by the respondents in Writ Petition No.5503 of 1978, which already stood disposed of, ;,vas allowed and the petitioner was non-suited. The Collector had passed a decree in favour of the petitioner/ pre-emptor He approached the…

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