Law:

Section:

Punjab Pre-emption, Act (IX of 1991)---S. 24---Constitution of Pakistan (1973), Art. 185(3)---Pre-emption money (Zar-e-Soem), non-deposit of---Judicial act must be done with care and proper diligence and an act of the Court must not prejudice a person---Failure of pre-emptor for non deposit of 1/3rd pre-emption money within the time given to him was not due to act or omission of the Court---Contention of pre-emptor that he did not know about the order for deposit of pre-emption money was negated by the fact that as per record, the order was passed in presence of the counsel for pre-emptor and he having obtained Challan for deposit of 1/3rd pre-emption money on 21-12-1994 i.e. about 10 days before the last date of deposit was in the knowledge of order in question---Only plea raised by pre-emptor before Appellate Court or High Court was that after obtaining challan for deposit of 1 /3rd pie-emption money, he could not make deposit of the amount being confined to bed till 2-1-1995 and deposited the pre-emption money on 3-1-1995---Validity---Requirement of law must be fulfilled and it was duty of Trial Court to ensure that order passed under S.24 of Punjab Pre-emption Act, 1991, must be obeyed in letter and spirit and in case of default, the pre-emptor must face consequence of dismissal of suit---High Court having dilated upon grounds urged before him in detail, dismissed the revision petition and the question which were not taken or agitated before the High Court could not be allowed to be taken before Supreme Court---No flaw having been found in the passed by High Court---Leave to appeal was refused. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.------This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been directed against the judgment, dated 2-10-2001 passed by a learned Single Judge of Lahore High Court, Rawalpindi Bench, in a revision petition arising out of a pre-emption suit. The essential facts for disposal of this petition are that the petitioner filed a suit for possession of land measuring 12 Kanals situated in the Revenue estate Ariari Tehsil of Kotli Sattyan District Rawalpindi, through pre-emption. The suit was filed…

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