Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Punjab Pre-emption Act (I of 1913)--S.22(5)(a)--Pre-emption suit decreed, providing therein that after deducting one-fifth of the total pre-emption amount already deposited in Court, the balance amount should be deposited in Court by a specialised date, failing which, suit would stand dismissed--Pre-emptor filed an application before the specified date, that he had given up his right under the decree and that he might be allowed to withdraw the amount already deposited in Court--Such amount was withdrawn-­Pre-emptor, before the specified (late, however, filed another application stating therein that his general attorney in conspiracy with vendee/appellant had withdrawn the amount already deposited in Court, being one-fifth amount of Pre-emption money, and that he might be permitted to deposit the entire amount which was allowed by Court--Appeal against such order was accepted but in revision decision of Trial Court was restored and decree was granted in favour of pre-emptor--High Court in Constitutional jurisdiction maintained the order of restoration of decree--Validity of decree impugned--Pre-emption decree being conditional, pre-emptor was under obligation to deposit the balance amount by specified date, otherwise his suit as per terms of decree was to stand dismissed-- Specified date, being the last date, pre-emptor could have performed the condition before that date and decree would have been operative--Pre-emptor, before the target date, could have informed the Court that he would not perform the condition which he did by unconditionally withdrawing the deposited amount and failed to fulfil the condition of the decree as passed--Pre-emptor, in any case; expressly abandoned his right to make the inoperative decree operative, and therefore, suit was rightly dismissed. (b) Punjab Pre-emption Act (1 of 1913)-- ---S.22(5)(a)--Constitution of Pakistan (1973), Art.185(3)--Withdrawal of deposited amount by pre-emptor/decree-holder--Effect--General attorney of pre-­emptor making application for withdrawal of Zar-i-Panjam amount--Such application though not signed by pre-emptor himself, yet was signed by his counsel and pre-emptor was bound thereby--Deposited…

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