Law:

Section:

Pre-emption-Suit for-Plaintiff failing to deposit within stipulated time 1/5th pre-emption money and Court, after consider­ing his application for extension of time, dismissing suit-Order, held, proper. Umar Hayat v. Azizullah Khan and others P L D 1956 Lah. 297 distinguished. Sh. Abdur Rasheed, Senior Advocate Supreme Court assisted by Fazal Elahi, Advocate for Petitioner. Nemo for Respondents. Date of hearing: 14th October 1969. ORDER HAMOODUR RAHMAN, C. J.-In a suit for pre-emption, filed by the present petitioner, the, trial Court had, on the 9th November 1964, passed an order for the deposit of Rs. 800, being the 1/5th of the pre-emption money by the 8th of January 1965. The petitioner could not make the deposit within the said period, but on the 8th January 1965, obtained an order from the trial Court extending the period up to 15th February 1965. On this date, however, the petitioner failed to appear and his suit was dismissed for default under Order IX, rule 9 of the Civil Pro­cedure Code. The suit was ultimately restored to the file on, the 22nd September 1966 and on the same day the petitioner filed another application for the extension of time for making the deposit on the ground that he had failed to make the deposit during the time allowed due to illness. This application was heard and dismissed and then the plaint was rejected on the 23rd September 1966, under section 4 subsection (4) of the Pre-emption Act. This order was affirmed on First Appeal by the Additional District Judge, Muzaffargarh and a second appeal there from has been dismissed in limine by a Division Bench of the High Court of West Pakistan. The petitioner now seeks Special Leave to Appeal and it is contended on his behalf, as it was contended in the High Court, that the trial Court had no…

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