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1995 MLD 1011

MUHAMMAD ISMAIL vs JAMIL UR REHMAN and 6 others

Citation1995 MLD 1011
CourtLahore High Court
Case No.Civil Revision No,151-D of 1922
Date1995-01-30
Judge(s)Malik Muhammad Qayyum
ResultRevision dismissed

' This petition under section 115 of C.P.C. Arises out of a suit for possession through pre-emption filed by the petitioner against the respondents which was dismissed by the trial Court on the ground that the petitioner had failed to deposit 1/3rd of the pre-emption money within the time fixed by the Court. The decree of the trial Court was affirmed in appeal by the Additional District Judge on 18-1- 1992.

2. Learned counsel for the petitioner has contended that the Courts below have erred in holding that the deposit made on 15th May, 1991 was not due compliance of the order directing the deposit and in any case, the Courts should have extended time for depositing pre-emption money.

3. None of the contentions raised by the learned counsel has any force. There is no dispute that on 4-5-1991, the trial Court had directed the petitioner to. Deposit 1/3rd of the pre-emption money before 14th April, 1991. That order was not complied with but the deposit was made on 12-5-1991.

4. So far as the question of extension of time is concerned, the matter stands concluded by the pronouncement of Supreme Court of Pakistan in Awal Noor v. District Judge Karak and 8 others 1992 SCM R 746 wherein while considering section 24 of North-West Frontier Province Pre-emption Act (X of 1987) which is in pari materia with section 24 of the Punjab Pte-emption Act, 1991 wherein it was held that the time for deposit of 1/3rd of the pre-emption money had been fixed by the statute itself, it cannot be extended by the Court.

' In view of what has been stated above, this petition fails and is dismissed, leaving the parties to bear their own costs.

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