| Citation(s) |
|---|
| 1999 SLG 428 1999 SLD 428 1999 SCMR 1999 |
Supreme Court of Pakistan
Civil Appeal No.977 of 1994, decision dated: 9-04-1999. (On appeal from the judgment dated 24-5-1993 of the Lahore High Court, Lahore, passed in W.P. No. 4463 of 1987), hearing DATE : 24-03-1999
IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN AND MUHAMMAD BASHIR, JEHANGIRI, JJ
Shaukat Ali Mehr, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Appellant.
Respondents. Ex parte
Civil Appeal No.977 of 1994, decision dated: 9-04-1999. (On appeal from the judgment dated 24-5-1993 of the Lahore High Court, Lahore, passed in W.P. No. 4463 of 1987), hearing DATE : 24-03-1999
IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN AND MUHAMMAD BASHIR, JEHANGIRI, JJ
Shaukat Ali Mehr, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Appellant.
Respondents. Ex parte
MUHAMMAD YOUSAF
VS
ADDITIONAL DISTRICT JUDGE, NAROWAL and another
Law:
Section:
Punjab Pre-emption Act (I of 1913)--Ss. 21 & 22 --- Suit for pre-emption --- Deposit of pre-emption money---Suit was decreed ex. parte as vendee/respondent failed to appear in Court and preemptor was directed to deposit pre-emption money inclusive of Zar-e-Panjurn before specified date --- Pre-emptor could not deposit pre-emption money and Zar-e-Panjum according to direction of Trial Court --- Prior to expiry of date specified for deposit of pre-emption money and Zar-e-Panjum vendee filed application for setting aside ex parte decree which was accepted subject to payment of cost --- After expiry of time specified to deposit pre-emption money and Zar-e-Punjum, pre-emptor filed application seeking fresh time for deposit of pre-emption money and Zar-e-Panjum, but Trial Court dismissed application on ground that it had become functus officio --- Appellate Court, on appeal against order of Trial Court, set aside the order and extended time for deposit of preemption money and Zare-e-Panjum but such order was set aside by High Court and that of Trial Court was restored holding that Appellate Court was not competent to extend time for deposit of pre-emption money and Zar-e-Panjum--Validity --- Appellate Court was vested with powers to fix date by which preemption money could be deposited even if time allowed by Trial Court had by then expired and suit had already stood dismissed for non-compliance of order of Trial Court --- High Court was not justified to hold that Trial Court was rendered functus officio because when ex parte decree was set aside, Trial Court came to be seized of matter and was not rendered functus officio --- Supreme Court set aside order of High Court and restored that of Appellate Court whereby time to deposit pre-emption money and Zar-e-Panjum was extended. Shah Wali v. Ghulam Din alias Gaman and another PLD 1966 SC 983 and Ahmad Bakhsh and another v. Khurshid Akbar Khan and 2 others PLD 1978 Lah. 838 ref. JUDGMENT MUHAMMAD BASHIR JEHANGIRI, J.---This appeal by leave arises out of a judgment of a learned Single Judge of the Lahore High Court, Lahore whereby writ petition filed by Ghulam Rasul respondent-vendee was accepted, the impugned…
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