| Citation(s) |
|---|
| 2006 SLG 2278 2006 SLD 2278 2006 CLC 1579 |
Lahore High Court
Civil Revision No.53 of 2006, decision dated: 15-05-2006.
MUHAMMAD MUZAMMAL KHAN, J
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Civil Revision No.53 of 2006, decision dated: 15-05-2006.
MUHAMMAD MUZAMMAL KHAN, J
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KHURSHID BIBI through MUHAMMAD DIN-
VS
SHAHBAZ ALI
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------S. 148---Enlargement of time---Scope---Court could extend time fixed by it, but not that fixed by statute itself---Principles. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 24---Civil Procedure Code (V of, 1908), S.148---Deposit of one third of pre-emption money within maximum period of 30 days from date of filing of suit---Extension of such period by Court---Scope---Purpose of requiring such deposit within specified period was to test bona fides of pre-emptor and discourage fake and frivolous litigants---Extension of time fixed by statute would negate such purpose and create complications and expansion of litigation---Court could extend time fixed by it, but not that fixed by statute itself---Principles. Mst. Iqbal Bibi v. Allah Yar and 2 others 2004 YLR 1279; Muhammad Ismaeel v. Jameel-ur-Rehman and 6 others 1995 MLD 1011 and Awal Noor v. District Judge, Karak and 8 others 1992 SCMR 746 rel. (c) Punjab Pre-emption Act (IX of 1991)--- ----S. 24---Civil Procedure Code (V of 1908), S.148---Non-deposit of one third of pre-emption money within 30 days fixed by Court---Application by pre-emptor after lapse of such period seeking its extension---Validity---Ground of pre-emptor being an old lady, would be of no help to her as order of deposit was passed in presence of her counsel, who was not alleged to have misunderstood same---Court could extend time fixed by it, but not that fixed by statute itself---Suit was dismissed in circumstances. Said Kamal Shah's case 1986 SC 360 ref. Mst. Iqbal Bibi v. Allah Yar and 2 others 2004 YLR 1279; Muhammad Ismaeel v. Jameel-ur-Rehman and 6 others 1995 MLD 1011 and Awal Noor v. District Judge Karak and 8 others 1992 SCMR 746 rel. Jamshaid Ali and 2 others v. Ghulam Hussain 1995 CLC 957 and Muhammad Ilyas and 4 others v. Munshi Khan 2003 CLC 1815 distinguished. Sheikh Naveed Shaharyar for Petitioner. Allah Wasaya Malik for Respondent. ORDER MUHAMMAD MUZAMMAL KHAN, J.---Instant revision petition assailed the judgments/decrees dated 3-9-2005 and 31-10-2005 passed by the learned Civil Judge and the learned Additional District Judge, whereby on account of non-deposit of "Zar-e-Soam",…
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