Law: Civil Procedure Code (V of 1908)

Section: 148,151

Law: Civil Procedure Code (V of 1908)

Section: 148,151

(a) Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)-------Civil Procedure Code (V of 1908), Ss.148 & 151---Powers of Appellate Court to extend the time for deposit of decretal amount---Scope---Appellate Court was competent to extend the time for deposit of decretal amount irrespective of the fact that the time mentioned in pre-emption decree for the purpose had expired-Fixation of the time f a deposit of decretal amount or its extension by the Appellate Court was discretionary matter and it had got nothing to do with those. cases where law provided a time for certain purpose---Fixation of time for deposit of decretal amount in a pre-emption case was a discretionary power available to a court under S.151, C.P.C. and such power was always exercised to meet the ends of justice---Court, while exercising that power had to keep in mind the facts and circumstances of each case and if it reached the conclusion that it was just to enlarge the time, it should act favourably---When the court had become functus officio, the position would be different, in such eventuality discretion to enlarge the time would shift to the next higher forum i.e., the Appellate Court. Muhammad Nawaz and others' case 1995 SCMR 105 rel. (b) Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)--- ----Ss. 6 & 14---Suit for pre-emption---Both courts below were unanimous on the point' of sale and market price of the suit-land---Such was a question of fact which had to be resolved concurrently, and called for no interference unless misreading or non-reading of evidence was found to have been committed---Entire evidence on either side was found to have been considered and appreciated in its true perspective---Courts below, having done so, reached a correct conclusion which needed no interference in appeal by the High Court---Appeal being without any merits, was dismissed. Sardar Noor Akbar for Appellant. Sardar Khan for Respondents. ORDER SARDAR MUHAMMAD NAWAZ KHAN, C.J.--- Through this appeal, the judgment and decree, dated 28-9-2005 passed by District Judge, Bagh to the extent of sale consideration is under challenge. The relevant facts necessary for the decision…

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