| Citation(s) |
|---|
| 2004 SLG 2610 2004 SLD 2610 2004 PLD 577 |
Lahore High Court
Civil Miscellaneous No. 3-C of 2001 in Regular Second Appeal No. 258 of 1982; Regular Second Appeals. Nos. 210, 211 of 1985, decided on 27th April, 2004
SYED ZAHID HUSSAIN, J
Subah Sadiq Klasoon and Shaukat Ali Mehr for Petitioners. Ch. Riasat Ali for
Respondents
Civil Miscellaneous No. 3-C of 2001 in Regular Second Appeal No. 258 of 1982; Regular Second Appeals. Nos. 210, 211 of 1985, decided on 27th April, 2004
SYED ZAHID HUSSAIN, J
Subah Sadiq Klasoon and Shaukat Ali Mehr for Petitioners. Ch. Riasat Ali for
Respondents
Syed FAZAR HUSSAIN and others
VS
SHABAN and others
Law:
Section:
(a) Punjab Pre-emption Act (I of 1913)--------S. 22---Civil Procedure Code (V of 1908), S.151 & O.XX, R.14--Suit for pre-emption ---Delay in depositing sale price, condonation of--Extension of time---Trial Court had directed the pre-emptors to deposit the sale price within a specified period, but they failed to do so--Application was filed by the pre-emptors for extension of time for deposit of the said sale price---Validity---Composite decree was passed by the Trial Court under O.XX, R.14, C.P.C. fixing the time for deposit of pre-emption money ---Pre-emptors were required to make the deposit of sale price within the specified time---Had the pre-emptors complied with the decree they would have succeeded but since they failed to make deposit, the suit was to be dismissed and the same decree was to go for the benefit of the vendee---Application of the pre-emptors was dismissed, in circumstances. (b) Punjab Pre-emption Act (I of 1913)----- ----S. 22---Pre-emption suit---Power of the Court to extend time for deposit of sale price---In appropriate cases where, the fault, act or omission was wholly attributable to the Court or its official, the Court could extend time for deposit of sale-price in order to relieve party from oppression and injustice. ORDER On 18-4-2001 Regular. Second Appeal No.258 of 1982 alongwith Regular Second Appeal No.210 of 1985 and Regular Second Appeal No.211 of 1985 were heard and decided by a learned Judge of this Court, which arose out of a pre-emption litigation. The operative part of the judgment reads like this:--- "6. In view of allowing the Regular Second Appeal No.210 of 1985, there is no merit left in the Regular Second Appeal No.211 of 1985, filed by Mst. Shamim Akhtar, therefore it is hereby dismissed. Before parting, it may be observed that if the pre-emptors have not yet deposited any part of the sale price as directed by the trial Court, they are allowed 15 days time to do the needful. In case said amounts are not deposited, the suit filed by the pre-emptors shall be deemed to have been dismissed. No order as to costs." The judgment statedly was assailed before the Hon'ble Supreme Court of Pakistan and was upheld. 2. On…
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