Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-------S. 21---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider; whether a person, who himself contended that transaction of property be cancelled because it was result of fraud, collusion etc. could in same breath claim its possession through right of pre-emption of the same property; and whether it was not necessary for pre-emptor to prove the transaction as genuine and valid, therefore, he had a right to pre-empt, the property and if not so, then how on a sale which was based on fraud etc. a suit for possession through pre-emption could be based. (b) Punjab Pre-emption Act (I of 1913)--- ----S. 21---Right of pre-emption---Deficiency in court-fee---Failure to provide opportunity---Contumacious conduct of plaintiff---Scope---Pre¬emption suit was decreed by Trial Court in favour of pre-emptor but Lower Appellate Court dismissed the same as conduct of pre-emptor who was, contumacious---High Court allowed second appeal filed by pre-emptor on the ground that without providing opportunity to pre-emptor to make good deficiency in court fee, suit could not be dismissed and pre-emptor was afforded only one chance for making up the deficient court fee, could not be held to be contumacious in complying with Court's direction---Validity---View taken by High Court was correct and justified which called for no interference by Supreme Court---Appeal was dismissed. Mst. Walayat Khatun v. Khalil Khan and another PLD 1979 SC 821; Siddique Khan v. Abdul Shakoor Khan PLD 1984 SC 289; Noor Muhammad v. Hassan Muhammad 1986 SCMR 1345; Ch. Nazir Ahmed v. Abdul Karim and another PLD 1990 SC 42; Muhammad Hanif and others v. Muhammad and others PLD 1990 SC 859; Mukhi Chatromal and another v. Khubchand and 6 others 1993 SCMR 1113; Sardar Muhammad Kazim Ziauddin Durrani and others v. Sardar Muhammad Asim Fakhuruddin Durrani and others 2001 SCMR 148 and Sultan Ali v. Khuda Bakhsh 2004 SCMR 742 rel. (c) Plea--- ----Raising and abandoning of plea---Principle---Party to litigation cannot, at its own whims, abandon a plea and then at a later stage re-agitate the same. Zaheer Bashir Ansari, Advocate…

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