Law:

Section:

(a) North-West Frontier Province Pre-eruption Act (X of 1987)-- ----S. 24(3)---Suit for pre-eruption---Cash deposit and furnishing of security through Bank guarantee---Extension of validity of Bank guarantee furnished after few days of the expiry of stipulated date whether amounted to withdrawal within contemplation of S.24(3)---Delayed certification of original guarantee would not tantamount to withdrawal of Bank guarantee---Validated guarantees disclosed that validity thereof, had been extended to a future date---Mere delay of few days in the certificate of validation of original guarantee would not warrant punitive action envisaged by provision of S.24. (b) Interlocutory order- ---- Constitution of Pakistan (1973), Art. 199---All interlocutory orders were not immune from the Constitutional jurisdiction of superior Courts---Order in question, whereby petitioner's miscellaneous application was dismissed on merits in revisional jurisdiction, would be amenable to extraordinary jurisdiction under Art.199 of the Constitution. JUDGMENT MUHAMMAD BASHIR KHAN JEHANGIRI, J: The short question arising in this writ petition is whether the extension of the validity of bank guarantee furnished after few days of the expiry of stipulated date would be tantamount to withdrawal within the contemplation of section 24(3) of the N: W.F.P. Pre-eruption Act (No.X of 1987) (hereinafter called as the Act). 2. The relevant facts are that on 4-12-1987 Haji Noor Muhammad Khan, respondent No.3 herein, filed a suit for pre-erupting 108 square yards equal to 3-3/5 marlas of land situated in Mardan which had been sold by means of mutation No.1474 attested on 7-12-1986 in favour of Muhammad Farooq.and 4 other vendees for an ostensible sum of 85.6,00,000. The respondent No.3 asserted that true price was only Rs.1,00,000 whereas the remaining amount was fictitious. The learned trial Judge, acting under subsection (1) of section 24 of the Act, passed an order that pre-emptor should deposit Rs.2,00,000 in cash in Court and furnish bank guarantee for the remaining Rs.4,00,000 before the specified date. Accordingly the cash amount was deposited and the bank guarantee valid up to 1-1-1989 was…

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