Case Details

Citation(s)
1988 SLG 2819 1988 SLD 2819 1988 SCMR 1867
Supreme Court of Pakistan
Civil Petition No. 409 of 1984, decided on 25th May, 1988. Date of hearing: 25th May, 1988.
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD JAN, JJ

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SHAUKAT ALI

VS

MUHAMMAD INAM---Respondent

Law: Punjab Pre-emption Act, 1913

Section: 22

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Punjab Pre-emption Act (I of 1913)--   ---S.22--Constitution of Pakistan (1973), Art. 185(3)--Pre-emption-­Delay in deposit of pre-emption money consequent upon wrong order passed by trial Court with regard to actual amount to be deposited-­Plea that respondent was not vigilant so as to prevent Court from committing the error, repelled--Record did not show that petitioner on becoming aware of said error did anything within their power to get it corrected--Parties before Courts act in aid of legality and justice and do not want to obtain illegal gains nor do they- try to trap adversary in technical faults--Petition being, without substance, dismissed.   (b) Constitution of Pakistan (1973)--   ---Art.185(3)--Administration of justice--Leave to appeal, grant of-­Conduct of parties before Courts--Assumption of good conduct--Trial Court committing error--Respondent not vigilant to prevent Court from committing error--Petitioner having failed to do anything within its power to get error corrected was disallowed to ,take benefit on assumption that the parties before Courts act in aid of legality and justice and do not want to obtain illegal gains nor do they try to trap the adversary in technical faults--Leave to appeal refused.   JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This is a vendees petition in a pre-emption matter against the dismissal of their Regular…
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