Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)-------Ss. 6 & 24---Suit for pre-emption ---Deposit of 1/3rd of sale price-­Limitation---Duty of Court---Plaintiff could not deposit 1/3rd of sale price as required by S.24, Punjab Pre7emption Act, 1991---Duty of the Court was to pass an order under S.24(1) of the said Act before any responsibility could be fixed on the plaintiff---Court was required to pass order under S'^24(1) of Punjab Pre-emption Act, 1991 on the day when suit was filed by the plaintiff---If no such order was passed on the very first day of the institution of suit, that was a lapse on the part of the Court and a contribution towards non-compliance of statutory provision of law---Subsection (1) of S.24 of Punjab Pre-emption Act, 1991 had made it obligatory on the Court to pass an order and fix a time for deposit of 1/3rd sale price---If in terms of order of Court a deposit was made by plaintiff within the time fixed by the Court, he could not be non­suited--Primarily; it was duty of Court to go by provisions of law and if h litigant was misled by a wrong order on the basis of miscalculation of time by the Court, then litigant could not be penalized for a contributory lapse on the part of the Court. 1992 SCMR 746; PLD 1993 SC 204 and PLD 1997 Lah. 549 and NLR 2000 Civil 410 ref. (b) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 6 & 24---West Pakistan General Clauses Act (VI of 1956), Ss.8 & 9---Suit for pre-emption---Deposit of i/3rd of sale price ---Limitation--­Suit was filed by plaintiff on 30-9-1999 and Trial Court under provisions of S.24(1) of Punjab Pre-emption Act, 1991 was required to pass order for deposit of 1/3rd of sale price of suit-land on same date, but Trial Court ordered to deposit said price on next date on 1-10-1999 within 30 days---Date of 30-9-1999, could not be counted in 30 days period as on said date no order was passed by Court---Date of 1-10-1999 when order for deposit of 1/3rd of sale price was passed, was also to be excluded under S.8 of West Pakistan General Clauses Act, 1956---If date of 1-10-1999 was excluded then 30th day would fall on 31-10-1999---Since date of 31-10-1999 was a public holiday being Sunday,,…

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