Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.14(1)(a)

(a) Civil Procedure Code (V of 1908)--- ----O. XX, R.14(1)(a)---Decree in pre-emption suit---Deposit of pre-emption money--Duty of Trial Court to specify a day on or before which pre-emption money would be paid, and if such money and costs, if any, were not paid, then suit would stand dismissed with costs---Appellate Court/Authority in appeal against pre-emption decree, if suspended order of deposit of such money passed by Trial Court, would be bound to record fresh similar order, if ultimately appeal was dismissed---Principles. While passing a pre-emption decree, the Court is bound under Order XX, rule 14, C.P.C., to specify a day on or before which the purchase money shall be so paid and that, if such money and the costs, if any, are not so paid, then the suit shall stand dismissed with costs. Once Appellate Court/Authority suspends the order of deposit of pre-emption money passed by Trial Court, it is bound to pass similar order, if ultimately the appeal is dismissed. The reason is obvious, because the order of Trial Court remains suspended and almost withdrawn. By the time the appeal stands dismissed, the period fixed by trial Court would have expired long ago. (b) Act of Court--- ----Party could not be condemned on account of an act of Court. Bhai Khan's case 1980 SCMR 42 ref. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- These appeals after leave of Court have been filed by the vendee/defendants against a common judgment, dated 25-1-2002 of a learned Judge in Chambers of Lahore High Court dismissing their writ petitions against the orders of Member, Board of Revenue Punjab who, while accepting the revision petition of the pr-emptor, allowed him to deposit pre-emption money pursuant to the final decree granted to him. 2. The admitted facts are that the pre-emptors obtained pre-emption decrees against the appellant/vendees on 20-8-1985, subject to deposit of Rs.5,000 (after adjustment of 1/5 already deposited) as pre-emption money on or before 21-10-1985. The vendees filed appeals before the Additional Commissioner who, on 5-10-1985 i.e. before the expiry of period for deposit, suspended the judgment of the trial Court so far it related to the deposit of…

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