Malik EJAZ NABI vs GHULAM HUSSAIN AND 15 Other — 1956 PLD 297

Citation: 1956 PLD 297

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-10-14

Parties: Malik EJAZ NABI vs GHULAM HUSSAIN AND 15 Other

Headnotes

Case cited as PLD 1956 Lah. 297

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: Malik EJAZ NABI vs GHULAM HUSSAIN AND 15 Other Case No.:Civil Petition for Special Leave to Appeal No. 48 of 1969 Regular Second appeal No. 767 of 1968 Date of Judgment:1969-10-14 Reported As: 1970 SCMR 169 Result: Leave refused Judgment ORDER HAMOODUR RAHMAN, C. J.-In a suit for pre-emption, filed by the present petitioner, the, trial Court had, on the 9th November 1964, passed an order for the deposit of Rs. 800, being the 1/5th of the pre-emption money by the 8th of January 1965. The petitioner could not make the deposit within the said period, but on the 8th January 1965, obtained an order from the trial Court extending the period up to 15th February 1965. On this date, however, the petitioner failed to appear and his suit was dismissed for default under Order IX, rule 9 of the Civil Pro--cedure Code. The suit was ultimately restored to the file on, the 22nd September 1966 and on the same day the petitioner filed another application for the extension of time for making the deposit on the ground that he had failed to make the deposit during the time allowed due to illness. This application was heard and dismissed and then the plaint was rejected on the 23rd September 1966, under section 4 subsection (4) of the Pre-emption Act. This order was affirmed on First Appeal by the Additional District Judge, Muzaffargarh and a second appeal there from has been dismissed in limine by a…

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