Law: Civil Procedure Code (V of 1908)

Section: O.XX,r.14

Law: Civil Procedure Code (V of 1908)

Section: O.XX,r.14

Punjab Pre-emption Act (IX of 1991)---------Ss. 5 & 24---Civil Procedure Code (V of 1908), S.38 & O.XX, R.14---Pre-emption decree----Execution of---Power of executing Court---Extent---Pre-emption suit decreed with cost---Court directed deposit of amount within time fixed by it---Pre-emption price was paid within time but failure to payment of cost resulted in the dismissal of suit by executing Court---Validity---Wording of pre-emption decree had clearly indicated that the dismissal of suit was only in the eventuality of the failure to pay the pre-emption money within two weeks and not the cost for which even no time had been fixed---Decree, therefore, had to be construed strictly and enforced---Duty of Trial Court was to comply with provisions of O.XX, R.14, C.P.C. and if there was any lapse on the part of the Court in drawing the proper decree,. no prejudice could be caused to plaintiff---Executing Court at the most could refuse to execute the decree but had no power to dismiss the suit---Dismissal of suit by executing Court therefore, was without jurisdiction. Saadullah Khan and 2 others v. Sheikh Ghulam Qasim deceased through L.Rs. and others PLJ 2001 Pesh. 76 ref. Inayat Ullah Khan Niazi for Petitioner. Malik Zafar Iqbal for Respondent. Date of hearing: 6th July, 2006. JUDGMENT MIAN SAQIB NISAR, J.---The petitioner/plaintiff, brought a suit for pre-emption against the respondent and on the basis of an oath on the Holy Qur'an, it was decreed on 24-1-2004; it was directed in the decree, that the petitioner/plaintiff shall deposit a sum of Rs.20,000, the remaining pre-emption price, within a period of two weeks from the date of the decree, otherwise his suit shall be deemed to have been dismissed; it was further ordered, that the petitioner shall also pay a sum of Rs.6,000 to the respondent/judgment-debtor, as the costs of the mutation. 2. The petitioner admittedly has deposited the pre-emption money on 31-1-2004 i.e. within a period of two weeks of the decree and there is no dispute between the parties in this behalf. However, the amount of Rs.6,000 as the costs was not deposited on the ground, that the Ahlmad of the Court refused to accept this…

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