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Petitioner: SHUJAT ALI VS Respondent: MUHAMMAD RIASAT and others
Court Name: Supreme Court of Pakistan Judge(s): Khalil-ur-Rehman Ramday, Sardar Muhammad Raza Khan Title: SHUJAT ALI vs MUHAMMAD RIASAT and others Case No.: Civil Petition No,1630 of 2004 Date of Judgment:2005-12-01 Reported As: PLD 2006 Supreme Court 140 Result: Petition dismissed
Judgment ' 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.
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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.