Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------S. 24---West Pakistan General Clauses Act (VI of 1956), Ss.8 & 9---Pre-emption suit---Zar-e-Soem, deposit of---Computation of thirty days---Suit was filed by plaintiff' on 26-10-2001, it was put up before Trial Court on 27-10-2001 when order was passed for deposit of Zar-e-Soem, within thirty days and amount of Zar-e~Soem was deposited by pre-emptor on 26-11-2001---Trial Court and Appellate Court concurrently dismissed the suit on the ground that Zar-e-Soem was deposited beyond thirty days of institution of plaint---Plea raised by pre-emptor was that it was the direction of Trial Court which had to be complied with and he could not have been penalized for doing so---Validity---Held, it was mandatory for the court to require the pre-emptor to deposit 1/3 of the sale price of the property in cash within a period to be fixed by the court---First proviso to S.24 of Punjab Pre-emption Act, 1991, prohibited the court from extending period beyond thirty days of filing of suit---Where pre-emptor failed to make deposit within period fixed by court, penalty was prescribed by S.24(2) of Punjab Pre-emption Act, 1991---Penalty prescribed was not for violation of any statutory provision but for non-compliance of orders of court to be passed in accordance with S.24 of Punjab Pre-emption Act, 1991---Date of institution of suit i.e. 26-10-2001, had to be excluded---Day of the order for deposit of Zar-e-Soem was also liable to be excluded---After exclusion of date of institution, the deposit was to be made within thirty days i.e. 27-10-2001 to 30-10-2001 equal to tour days and 1-11-2001 to 26-11-2001 equal to twenty six days, total thirty days---Deposit of Zar-e-Soem was both in accord with the order of Trial Court as also with the statutory provision---Judgments and decrees passed by two courts below were set aside and the case was remanded to Trial Court for decision on merits---Revision was allowed in circumstances. Fazal Elahi v. Noor Ahmed and 2 others PLD 2006 Lah. 318; Raja v. Tanvir Riaz and others 2006 CLC 1455; Syed Mushtaq Hussain Shah v. Jewan and 4 others 2007 MLD 1062; Mian Muhammad Talha Adil v. Mian Muhammad Lutfi…

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