Law:

Section:

(a) North West Frontier Province Pre-emption Act (X of 1987)-----------S. 24(1) [as amended by North-West Frontier Province Pre-emption (Amendment) Act (X of 1992))---Pre-emption suit---Direction by Trial court to pre-emptor to deposit 1/3rd of pre-emption money within thirty days otherwise his suit would stand dismissed---Trial Court dismissed suit for non-compliance of such order, but in appeal filed by pre-emptor. Appellate Court allowed extension in time for deposit---Validity---No statutory limit under amended S.24 of the Act for making such deposit, but matter had been left to discretion of Court to fix time for the same and its failure must result in dismissal of suit---Once a time was fixed, then pre-emptor would be bound to comply with the time so fixed and neither he would be allowed to apply for further extension nor Court would be competent to allow the same---Appellate Court had no power to extend time---Impugned order had materially prejudiced interest of defendant---High Court accepted revision petition, set aside impugned and restored that of Trial Court, resultantly suit stood dismissed. Wahid Bakhsh v. Abdul Qayum and another 1997 MLD 2945; Mst. Mah Jehan v. Abdul Maroof 2000 MLD 814; Muhammad Iqbal v. Jehanzeb Khan 1999 MLD 2475; Jehanzeb Khan v. Muhammad Iqbal 2000 SCMR 365 and Muhammad Sultan v. Muhammad Ali Raja. 2002 3CMR 1108 ref. Khalid Mehmood v. Abdur Rashid and another 2000 YLR 1249 distinguished. (b) Pre-emption--- --- Right of---Nature---Duty of pre-emptor, while exercising such right, rated. Undoubtedly, the pre-emption right being a feeble right, pree­mptor seeking to exercise such right is bound to perform and fulfil its requirements meticulously and any failure in that behalf would deprive him of success in getting a pre-emption decree. Wahid Bakhsh v. Abdul Qayum and another 1997 MLD 2945 ref. (c) Act of the Court--- --Expression "the act. of the Court"---Connotation---One of the first and highest duties of all Courts is to take care that act of the Court does not use injury to any of the suiters---Such expression does not mean act of primary Court or of any intermediate Court of Appeal, but act of the Court as a whole lowest…

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