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PLD 2006 Supreme Court 140

SHUJAT ALI vs MUHAMMAD RIASAT and others

CitationPLD 2006 Supreme Court 140
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1630 of 2004
Date2005-12-01
Judge(s)Khalil-ur-Rehman Ramday, Sardar Muhammad Raza Khan
ResultPetition dismissed

' SARDAR MUHAMMAD RAZA KHAN, J.--Shujat Ali seeks leave to appeal against the order dated 8-6- 2004 whereby his C.M.A. No,495-C of 2004 was dismissed along with Civil Revision No,541 of 2003, dismissing his suit for pre-emption on 30-3-2004 on account of non-deposit of pre-emption money.

2. The petitioner was granted a pre-emption decree by a learned Judge in Chambers of Lahore High Court, Rawalpindi Bench on 30-3-2004 subject to deposit of Rs, 4,50,000 minus Zar-e-Soyam, within a period of two months. The pre-emptor failed to deposit such preemption money and, in turn filed an application under section 148, C.P.C. For enlargement of time to deposit the pre- emption money. Such application was rejected.

3. It is but obvious that once having passed a conditional decree and the suit having stood automatically dismissed for non-deposit of preemption money, the Court decreeing the suit had become focus officio. It is also obvious that the Court could not have extended the time not only because non-compliance had operated into automatic dismissal of suit but also because a very valuable right had thereby accrued to the vendee, now a decree-holder. The impugned order cannot be taken any exception to. There being no force in the petition, it is hereby dismissed and leave to appeal refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 22 cases

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