| Citation(s) |
|---|
| 2006 SLG 2284 2006 SLD 2284 2006 CLC 1602 |
Northern Areas Chief Court
Civil Revision No.35 of 2004, decision dated: 8-07-2005.
JUSTICE MUZAFFAR ALI, MEMBER
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Civil Revision No.35 of 2004, decision dated: 8-07-2005.
JUSTICE MUZAFFAR ALI, MEMBER
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TEHSEEL and 2 otherss
VS
SHAMS-UDDIN and 7 others
Law:
Section:
Gilgit Baltistan Sub-Division Right of Prior Purchase Regulations, 1938-------S. 21(1)(2)---Suit for Pre-emption---Non-compliance of original order to deposit Zar-e-Punjum---Conduct of the party---Effect---Plaintiffs filed suit for pre-emption and Court fixed date for deposit of Zar-e-Punjum---Plaintiffs did not turn up on the date fixed---On next date, in order to avoid deposit of Zar-e-Punjum, plaintiffs submitted an application to furnish security---Trial Court rejected the plaint---Lower Appellate Court set aside the order of Trial Court and allowed plaintiffs to deposit Zar-e-Punjum---Validity---Plaintiffs did not comply with the original order of Trial Court which reflected their mala fide and irresponsible conduct---Case was not that of extension of time but implementation of original order passed by Trial Court---Alteration of original order was though within discretion of Court but the same could be done in very appropriate cases after watching conduct and facts of the case minutely---Order passed by Trial Court whereby plaint was rejected was restored---Petition was dismissed accordingly. Mir Ghulam Sarwar and Manzoor Ahmad for Petitioners. Javed Iqbal for Respondents. Date of hearing: 4th July, 2005. JUDGMENT MUZAFFAR ALI, J.---This revision petition is directed against the order/judgment dated 18-11-2004, passed by the learned District Judge, Gilgit, wherein the learned District Judge disagreed with the order, dated 4-7-1996 passed by the Learned Civil Judge, Gilgit and set aside the same. 'The petitioners being aggrieved from the impugned order/judgment passed by the learned District Judge, filed this revision petition. The facts leading to the case are that, the present respondents/plaintiffs pre-empted purchase of the disputed land through Civil Suit No.40 of 1995 filed on 18-6-1995, against the present petitioners/ defendants, before the Court of Civil Judge, Gilgit, and the learned trial Court vide his order-sheet, dated 13-9-1995, directed the parties to submit proposed issues and the respondents are ordered to deposit 1/5th of sale price on or before adjourned date, which was 29-10-1995, and on the above fixed date, plaintiffs except the…
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