SAVED ZAHID HUSSAIN, J.--- On 23.7.1998 a suit for possession through pre-emption was instituted by the petitioner qua the suit land (description whereof was given in the plaint) that the transaction was indeed a sale and exchange. The same day the learned Trial Court ordered petitioner/plaintiff to make deposit of Rs. 45,334/- i.e. I of Rs. 1,36.000/- which was apparently in view of made in the plaint. According to the learned counsel for petitioner, the defendant/respondent entered appearanc before the Trial Court and filed written statement whereafter on 13.10.1998 an application was filed by respondent No. 1 that the petitioner/plaintiff had understated the value of the suit land and order dated 23.7.1998 was procured through fraud and mis-representation and that the petitioner/plaintiff be ordered to make deposit of 1/3rd of sum of Rs. 71,96,292/- which according to the respondent/defendant was the probable value of the land. On 2.12.1998 the learned Trial Court ordered the petitioner/plaintiff to make deposit of Rs. 8 lac as 1/3rd of the sale price of Rs. 24 lac after deducting the amount which had already been deposited in the Court. Both parties felt aggrieved of the said order and assailed the same through revision petitions which were heard and decided by the learned Additional District Judge, Depalpur on 9.3.1999. By that judgment the revision petition filed by the petitioner was dismissed whereas that of respondent No. 1 (defendant in the suit) was accepted ordering the petitioner/pre-emptor to make deposit of amount of Rs. 21,55,000/- as 1/3rd after deducting the amount of RE 45,334/- which had already been deposited by him. Thi judgment has been assailed through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
2. After stating the background in which the suit was filed and the orders were passed by the Courts below, it is contended by the learned counsel that once order dated 23.7.1998 had been passed by the Trial Court, no further order could be passed by it after expiry of thirty days in view of Section 24 of Punjab Pre-emption Act, 1991. Reliance for this purpose has been placed upon Awal Noor v. District Judge, Karak and 8 others (1992 SCM R 746). I is