1988 PLP 1581 (SCMR)
MIR — Petitioner Versus KHAN and others — Respondents
| Citation | 1988 PLP 1581 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | MIR — Petitioner Versus KHAN and others — Respondents |
| Primary Law | Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 1988 PLP 1581 (SCMR)?
This judgment primarily cites: Punjab Pre-emption Act (I of 1913) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1581 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1581 (SCMR) (MIR — Petitioner Versus KHAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Talab Hussain Awan, Advocate Supreme Court and Sh.Salahuddin, Advocate- on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 30th May, 1988.
- Malik Talab Hussain Awan, Advocate Supreme Court and Sh.Salahuddin, Advocate‑ on‑Record for Petitioner.
Headnotes / Summary
(Against the Judgment and order of the Lahore High Court, dated 18-3-1984 in W.P.No.5503 of 1978).
S.21--Civil Procedure Code (V of 1908), O.XX, R.14(1)- Constitution of Pakistan (1973), Art. 185(3)--Pre-emption decree passed by Collector in favour of pre-emptor--Pre-emptor approached High Court with Constitutional petition with regard to the grant of time for making the deposit which was accepted with direction to the pre-emptor to approach the Collector- -Pre-emptor approached the Collector who accepted the amount and proceedings ended in accordance with the intention underlying O.XX, R.14(1), C.P.C.--Respondents, however, through a miscellaneous application in the already dispose of writ petition, succeeded in non-suiting the pre-emptor-- Contention of petitioner that the course adopted by the respondents and acceptance of their application /plea, by High Court was against law--Question raised being that of first impression leave to appeal was granted.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by a pre‑emptor against order dated 18‑3‑1984 of the Lahore High Court, whereby a Civil Miscellaneous Application (No:328 of 1984) filed by the respondents in Writ Petition No.5503 of 1978, which already stood disposed of, ;,vas allowed and the petitioner was non‑suited. The Collector had passed a decree in favour of the petitioner/ pre‑emptor He approached the High Court in its writ jurisdiction through W.P.5503 of 197$ with regard to the grant of time for making the deposit. The High Court allowed the writ petition with direction to approach the Collector. The petitioner approached the Collector accordingly who accepted the amount and the proceedings ended in accordance with the intention underlying Order XX rule 14(1) clause (b) C.P.C. Notwithstanding the same, the respondents' side filed afore mentioned miscellaneous application in the writ petition, which had been disposed of and they succeeded in non‑suiting the petitioner. Learned counsel for the petitioner has, inter alia, contended that the course adopted by the respondents and the acceptance of their application/ pleas by the High Court is against law. The questions raised in the petition require examination. Besides, this is a case of first impression. Leave to appeal accordingly is granted. Security Rs.5,
000. The appeal shall be prepared on the present record with direction to the parties concerned to file all necessary additional documents within two months. M.B.A. /M‑499/S. Leave granted.