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Petitioner: DOST MUHAMMAD And Others VS Respondent: MUZAFFAR KHAN
Court Name: Lahore High Court Judge(s): Raja Abdul Aziz Bhatti Title: DOST MUHAMMAD And Others vs MUZAFFAR KHAN Case No.: Civil Revision No. 200 of 1993 Date of Judgment:1994-09-19 Reported As: 1995 MLD 1038 Result: L.
Judgment ORDER As the brief and simple point involved in this case is that as to whether the plaintiff/respondent failed to deposit the actual 1/3rd of the sale price in accordance with law. On 16-7-1992 the learned Civil Judge passed order to the effect that the plaintiff/respondent shall deposit Rs. 50,000 as 1/3rd of the sale price before the next date of hearing i.e. 17-9-1992, the order is on the record. 2. I have seen the order-sheet and gone through the order which in fact is not fully legible. The learned counsel for the respondent contends that the order has become illegible for the reasons, during flood the Court record was damaged. With the assistance of both the learned counsel by applying special glass, it has been found that the learned trial Court specified amount of Rs. 50,000 as 1/3rd of the sale price and direction was given to deposit this amount. Unfortunately both the lower Courts have failed to examine this order properly. Since the plaintiff/respondent deposited Rs. 50,000 within the specified period, on the direction of the Court, hence plaintiff/respondent's suit cannot be dismissed as he is not to be penalized for the order/action taken by the Court 3. With the aforesaid observation, the impugned order dated 13-5-1993 passed by Additional District Judge, Jhelum is upheld and Civil Revision is dismissed.