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2005 SCMR 1588

Mst. BARAM POSH BIBI and 7 others vs Pir MUHAMMAD KHAN and 7 others

Citation2005 SCMR 1588
CourtSupreme Court of Pakistan
Case No.Civil,Appeal No,661 of 2000
Date2005-02-02
Judge(s)Faqir Muhammad Khokhar, Tasaddaq Hussain Jillani
ResultAppeal dismissed

ORDER

' FAQIR MUHAMMAD KHOKHAR, J.--- This appeal by leave of the Court, is directed against judgment, dated 19th April, 1999, passed by a learned Single Judge of the Peshawar High Court, Peshawar, in Civil Revision No,502 of 1997.

2. The appellants instituted a suit for possession through preemption in the Court of Civil Judge/Illaqa Qazi, Khawaza Khela, Swat, which was dismissed on 26th November, 1996 on the ground that appellants had failed to make deposit of 1/3rd of the ostensible preemption money.

The appellants remained unsuccessful in appeal as well as in civil revision before the High Court.

Hence this appeal.

3. The learned counsel for the appellants contended that order to deposit 1/3rd of the pre-emption money was made by the trial Court for the first time on 14th July, 1996. Therefore, there was no question for seeking extension of time for that purpose.

4. We have heard the learned counsel for the appellants and have also perused the available record. We find that the respondents had filed an application on 14th July, 1996 for dismissal of the suit of the appellants on the ground of failure to deposit the requisite 1/3rd of the pre-emption money. However, the same could not provide a valid justification to the appellants for non- compliance of order dated 14th July, 1996. Therefore, the impugned judgment of the High Court is just and fair to which no exception can be taken.

5. For the foregoing reasons, we do not find any merit in this appeal which is dismissed. There shall be no order as to costs.

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