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NOOR KHAN versus KHAN MUHAMMAD


Failure to deposit funds within the time limit set forth in the section 22 Civil Procedure Code (v. 1908), AKX, R14 (1) and Section 148 Constitution of Pakistan (1973), Article 199 Constitutional Petition, effective trial court Through, Article 20. 5 1974 directed the pre-emptor to submit a balance of pre-emption money by 22 7 1974, otherwise his case would be dismissed, the appellate court did not suspend such order of the trial court while holding regular hearing. It had decided to appeal on 23 10, admitting the pre-emptor's appeal. In 1974, no pre-emptor appeared before the court and no pre-emptive deposit was made, as such appeals were dismissed by the court, after the failure of the Supreme Court, the preceptor importer. Had applied for a premature deposit which was also rejected by the trial court. As the appellate court held that neither the appellate court nor the revision court or the Supreme Court appointed any time for the pre-emption deposit, while dismissing the appeal, the application by the pre-emptor Supreme Court After the expulsion it can be submitted in a reasonable time. The pre-emptor was given time to deposit the pre-paid amount by 20 197 1974, when it was not done, till then there was an order in the field. It was not when the appellate court rejected his appeal on 23 197 10 1974 and there was no question of extension of time, before the pre-emptor was asked to collect the pre-emption amount. There was not entitled to receive pre aymptr premature M. forecast amount was not collected and applied to extend the period under Section 148, the PC to the Supreme

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