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KHALID MEHMOOD versus ABDUR RASHEED


Punjab Pre-Emission Act 1991 Sections 13 and 24 Civil Procedure Code (v. 1908), Section 115 Pre-emption Trial Court No order to set time fixed for depositing 1/3 sum, pre-emptor at trial Was excluded for non-submission of Case 1. / The third sum and the appeal before the lower appellate court got the same fate. The trial court had failed in its duty as presented by law because 30 days after the filing of the case, the court did not demand any submission to the pre-emptor. Neither party was required to take a prejudiced attitude from their courts so that they could act diligently and if they failed to fulfill their duty, the party could not be punished for such failure and could not be sued by the High Court. The orders of the two courts were postponed.

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