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SHAH WALI versus GHULAM DIN


In the order of the Civil Procedure Code Order XX and RO 14, RO 14 and section 148, 104, 96 and 100 pre-emption suits of the CPC decision, the pre-emptor and the court set the time for submitting the purchase price. The court upheld, but the appellate court remained silent about the time set by the trial court to deposit the money before it was silent. Whether the time for payment is decided by the original decree. Whether the appeal, the denial of the extension of the case, the authorized extension of time may have been pre-approved, on such an appeal, the appellate court, through the Appellate Court, rejected the limitation of the appeal against the original order in this case, Effective period, for the submission of the purchase price, by the original court, the Punjab Pre-Impression Act (I of 1913), section 22

P L D 1966 Supreme Court 983

Present: A. R. Cornelius, C. J., S. A. Rahman, Fazle‑Akbar, Hamoodur Rahman and Muhammad Yaqub Ali, JJ

SHAH WALI‑Appellant

Versus

GHULAM DIN alias GAMAN AND ANOTHER‑Respondents

Civil Appeal No. 69 of 1965, decided on 5th October 1966.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th September 1963, in Civil Revision No., 422 of 1963),

(a) Civil Procedure Code (V of 1908),

O. XX, r. 14 and Ss. 148, 104, 96 & 100‑Pre‑emption suit‑Decree in favour of pre‑emptor and Court fixing time therein for deposit of purchase price‑Appeal and second appeal‑Order of trial Court maintained but appellate Court silent as to period fixed by trial Court for depositing pre‑emption money‑Whether time for payment must be regulated by original decree‑Whether appeal, on refusal by trial Court to extend time, competent‑Whether extension of time could be granted to pre‑emptor, on such appeal, by appellate Court‑Dismissal in limine of appeal against original decree in such suit‑Effect on period fixed, by original Court, for deposit of purchase price‑Punjab Pre‑emption Act (I of 1913), S. 22.

A person filed a suit for pre‑emption. His suit was decreed and he was directed to deposit pre‑emption money by 21‑3‑61 and the Court further ordered that "otherwise his d

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