Law:

Section:

(a) Punjab Pre emption Act (I of 1913) S. 15 Civil Procedure Code (V of 1908), S. 148 Constitution of Pakistan (1973), Art. 185(3) Pre emption suit Extension of time allowed for deposit of the balance of the sale price by Appellate Court Leave to appeal was granted to consider whether High Court fell into error in not following the law laid down by Supreme Court of Pakistan in the case of Ilhai Khan v. Allah Bakhsh 1986 SCMR 849 and in the case of Muhammad Irshad v. Ch. Fazal Haq 1991 SCMR 2149. Bhai Khan v. Allah Bakhsh 1986 SCMR 849 and Muhammad Irshad v. Ch. Fazal Haq 1991 SCMR 2149 ref. (b) Punjab Pre emption Act (I of 1913) S. 15 Civil Procedure Code (V of 1908), S. 148 Extension of throe allowed for deposit of the balance sale price by Appellate Court Principles. An appellate Court is competent to extend time for deposit of the pre¬emption money either during the pendency of an appeal before it or at the time of disposing of the same notwithstanding that the time mentioned in the pre emption decree for the said purpose may have expired. Furthermore, an appellate Court may extend time for the above purpose at the stage when an appeal is not admitted for regular hearing by it or a petition for leave to appeal is not granted and such an extension of time will not be nullified by the factum that the appeal or the petition for leave to appeal is subsequently dismissed summarily. However, neither a trial Court nor an appellate Court can extend time for deposit of pre emption money once the matter stands disposed of and it is no longer pending before it. In such an event, the direction contained in the original decree to the effect that in case of failure to deposit the pre-emption money the suit shall stand dismissed, becomes effective. However, the above rule seems to be subject to one exception, namely, that if an appellate Court varies the finding of the Court below on the quantum of the pre emption money, in other words it either increases or reduces the same, in that event, it should fix fresh reasonable time for deposit of the pre emption money and in the absence of any such fixation, the pre emptor may deposit the same within reasonable time. An…

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