Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)-------S. 24(1) & (2)---Constitution of Pakistan, (1973), Art.199--­Constitutional petition---Suit for possession through pre-emption was filed by the petitioner---Suit was dismissed under S.24(2) of Punjab Pre­emption Act, 1991, by the Trial Court through rejection of plaint under O.VII, R.11, C.P.C., on the ground that the petitioner had failed to deposit one-third of the sale-price as ordered by the Court, for the receipt of the said deposited price was not produced on three consecutive dates of hearing---Revision petition against the order of the Trial Court by the petitioner was dismissed by the revisional Court---Constitutional petition was filed by the petitioner seeking findings of the trial and revisional Courts below to be declared illegal and void---Validity--­Petitioner was found to have deposited one-third of the sale price as was ordered by the Trial Court---Controversy .was as to whether on account of non-furnishing of the receipt to the Trial Court, suit of the petitioner could have been dismissed under S.24(2) of the Act---Section 24 of the Act makes it obvious that in case of default of. the petitioner, in deposit of the amount required to be deposited, he is to be proceeded under the provision of subsection (2) of the said section and not under O.VII, R.11, C. P. C. ---Subsection (2) of S.24 of the Act equips the Court with the power to dismiss the suit of the plaintiff in case he fails to make a deposit under subsection (1) within the period fixed by the Court--­Deposit by the petitioner was made as was ordered by the Court, therefore, penal action under S.24(2) of the Act could not have been taken against the petitioner. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 24(2)---Constitution of Pakistan, (1973), Art.199---Constitutional petition---Principles of natural justice, violation of---Suit for possession through pre-emption was filed by the petitioner---Suit was dismissed under S.24(2) of Punjab Pre-emption Act, 1991, by the Trial Court through rejection of the plaint under O. VII, R.11, C.P.C. on the ground that the petitioner had failed to deposit one-third of the sale-price as ordered by…

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